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(영문) 서울중앙지방법원 2017.11.17 2014가합6157
손해배상(기)
Text

1. The Plaintiff’s rehabilitation debtor A, a litigation taking over the Plaintiff’s rehabilitation company, shall be the administrator of Gyeongnam Company A.

Reasons

1. Basic facts

A. The plaintiff is the council of occupants' representatives consisting of the occupants in order to manage the 7-dong 600 households of the Seongbuk-do-ro 22-3, Seongbuk-do-ro 7-ro, Chungcheongnam-do-Eup (hereinafter referred to as the "the apartment of this case").

Defendant AWnd is a project undertaker who newly constructed and sold the instant apartment on April 25, 2006 after obtaining approval for the instant apartment construction project with respect to the instant apartment construction project, and Gyeongnam is a company that contracted the instant apartment construction project with Defendant AWnd on December 21, 2006 (hereinafter “instant contract”).

B. The Defendant Housing and Urban Guarantee Corporation (the name of the Korea Housing and Urban Guarantee Corporation was changed to that of the Korea Housing and Urban Guarantee Corporation pursuant to Article 4 of the Addenda of the Housing and Urban Fund Act (amended by January 6, 2015), regardless of whether the name was changed before or after the change; hereinafter “Defendant Guarantee Corporation”) entered into a warranty agreement between the Gyeonggi-do Enterprise and the Korea Housing and Guarantee Corporation to assume the responsibility for the guarantee of the defects after the inspection on the use of the instant apartment (hereinafter “each of the instant warranty agreements”). On February 10, 2009, the Korea Housing and Urban Guarantee Corporation issued each of the warranty warranty contracts as stated in [Attachment 1] to the Gyeongbuk-do Governor, who is the authority for the inspection on the use

[Attachment 1] The guarantee number of 0121209-2009-201-001701701 572,985, 378 from February 11, 2009 to February 10, 2010, 572,985, 378 from February 11, 2009 to February 11, 2011, 201209-209-201 to 209, 2009-208, 201 to 209, 2009-201 to 203, 209 to 205, 209 to 310, 2019-4, 201 to 10, 2019-4, 2010 to 203, 209 to 10, 2019-4, 2009 to 2013.

C. Defendant E&D had undergone a pre-use inspection on February 11, 2009 with respect to the instant apartment, and the right under each of the instant guarantee contracts is stipulated in the special clause on each of the instant guarantee contracts.

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