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(영문) 창원지방법원통영지원 2019.01.17 2016가합10991
손해배상(기)
Text

1. As to the Plaintiff’s KRW 624,670,397 and KRW 300,000,000 among the Plaintiff, Defendant B’s housing association shall start on October 12, 2016.

Reasons

1. Basic facts

A. 1) The Plaintiff is a macro-si apartment A (hereinafter referred to as the “instant apartment”).

(2) The Defendant Union is a seller of the instant apartment, and the Defendant Company entered into a contract with the Defendant Association on April 24, 2012 and newly constructed the instant apartment on April 24, 2012.

3) Defendant Housing and Urban Guarantee Corporation [the name of Korea Housing and Urban Guarantee Corporation on July 1, 2015 pursuant to Article 1 and Article 4 of the Addenda of Housing and Urban Fund Act (Act No. 12989) changed from July 1, 2015, and regardless of whether it was before or after the change is called “Defendant Construction Corporation”.

[2] The Defendant Company guaranteed the obligation to repair defects after the pre-use inspection on the instant apartment. (B) The Defendant Company, including the process of the construction of the instant apartment, was established on June 7, 2010 pursuant to Article 32 of the Housing Act, Article 37 of the Enforcement Decree of the same Act, and Article 17 of the Enforcement Rule of the same Act; (c) concluded a sales contract with each purchaser from around October 2012 through the tenant recruitment announcement; and (d) the new apartment construction of the instant apartment was completed on October 5, 2014 after the completion of each of the instant multi-unit units units registration on each of the instant apartment units around November 5, 2014. (c) On August 8, 2014, the Defendant Company entered into a defect liability contract with the Defendant Company as indicated below the guarantee creditor on the instant construction work (hereinafter “instant defect liability contract”) and deposited it with the Mayor of the instant apartment unit with the authority to conduct the inspection of the defect liability.

The warranty period of No. 1 D 62,987,459 2 E from the date of usage inspection from the date of No. 62,987,459 2 E from the date of usage inspection 157,468,647 3 F from the date of usage inspection 125,974,917 4 years from the date of usage inspection 94,481.

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