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(영문) 서울남부지방법원 2012.04.06 2011가합3573
하자보수보증금
Text

1. As to the Plaintiff KRW 160,430,577 and its KRW 101,00,000 among them, the Defendant shall start on March 23, 201, and the remainder of KRW 59,430.

Reasons

1. Basic facts

A. The plaintiff is a management organization composed of occupants in order to manage A apartment (3 Dong Dong 129 households, hereinafter "the apartment of this case") in Gwanak-gu in Seoul Special Metropolitan City, and the Gesung Construction Co., Ltd. (hereinafter "Yesung Construction") is a project undertaker who sold the apartment of this case and constructed the apartment of this case, and the defendant is a corporation which entered into a warranty contract with the Gesung Comprehensive Construction Co., Ltd. with the warranty warranty contract with the defect that occurred in the apartment of this case as the repair cycle.

B. 1) On September 20, 2006, the comprehensive construction of the instant apartment as the guarantee creditor with respect to the instant apartment on September 20, 2006, the head of Gwanak-gu Office shall have the head of Gwanak-gu as the guarantee creditor, and the term “the instant 1 and 2 guarantee contract” according to the sequence as indicated in the table 1 below, and the total of them shall be “each of the instant guarantee contracts.”

A) Upon entering into a warranty contract, the Defendant issued each warranty bond from the Defendant, and deposited it with the head of Gwanak-gu Office, who is the right to use the guarantee number B (won) 1 B from September 29, 2006 to September 28, 201, each of the warranty warranty bonds 2 C from September 29, 2006 to September 29, 201 2 C from September 29, 2006 to September 28, 201, each of the warranty warranty bonds 35,000 2 C from September 29, 2006 to September 28, 2016 2) stated that the warranty warranty creditor is not liable for the warranty for any defect that occurred prior to the warranty period, and in the composition of the council of occupants' representatives under Article 60(2) of the Enforcement Decree of the Housing Act, the guarantee creditor is changed to

3. On March 28, 2007, the comprehensive construction had undergone a pre-use inspection on the apartment of this case, and thereafter residents moved in the apartment of this case, and the plaintiff which is the council of occupants' representatives of the apartment of this case constituted the council of occupants' representatives, the guarantee creditor of each guarantee contract of this case was changed to the plaintiff.

C. The error in construction is attributable to the section for common use and exclusive use of the apartment of this case.

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