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The plaintiff's lawsuit against defendant C is dismissed.
The Plaintiff
A. Defendant B Co., Ltd. is KRW 1,451,430,592.
Reasons
1. Facts of recognition;
A. The Plaintiff is an autonomous management organization comprised of the occupants to manage the nine units of apartment A (hereinafter “instant apartment”) in Gyeyang-si, Yangsan-si, 796 units, and their ancillary facilities.
2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is the project undertaker who sold the instant apartment, and Defendant C Co., Ltd. (hereinafter “Defendant C”) contracted the new construction of the instant apartment.
The defendant Housing and Urban Guarantee Corporation (hereinafter referred to as the "Defendant Corporation") shall be a guarantor who has issued for defendant C a warranty to guarantee the liability for the performance of defective repair of defects arising from the apartment of this case.
B. (1) On March 17, 2014, Defendant C entered into a defect repair and guarantee contract for the instant apartment with Defendant Corporation (hereinafter “instant defect repair and guarantee contract”) with respect to the instant apartment as indicated in the following table, and designated the guaranteed creditor as the Yangsan market.
Since then, as the representative meeting of occupants of the apartment of this case was organized, the status of the creditor of the warranty contract of this case was changed to the plaintiff, and one year and 838,246,627,307,302 from the date of the inspection for the use of the term of guarantee number 1D from the date of the inspection for the use of the term of 335,298,6512 E, 1 year and 2 years from the date of the inspection for the use of the term of 838,246,627 3 years and 670,597,3024 years from the date of the inspection for the use of the term of 502,947,976 5H from the date of 502,947,976 6 I from the date of the inspection for the use of the term of 502,947,976
3. The term “Guarantee Creditor” means the right of inspection or the meeting of Representatives of Residents as stated in the Letter of Guarantee.
4. The term “defect” means any defect under the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act by “the classification of the construction works for facilities subject to repair of defects and the scope of the defect and the period of liability for repair of defects”.
5. The term "guarantee incident" shall be set out in Tables 6 and 7 of the Enforcement Decree of the Housing Act.