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(영문) 서울남부지방법원 2015.05.14 2012가합104091
하자보수보증금 등
Text

1. The Plaintiff:

A. As to the house annexed to the defendant corporation, 431,488,565 won and 101,000,000 won among them, the house annexed to the defendant corporation.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is an autonomous management organization comprised of occupants for the management of the 8-dong 746 households, Daegu Northern-gu A apartment (hereinafter “instant apartment”).

(2) Defendant Non-permanent Housing is a company that constructed and sold the instant apartment, and Defendant Non-permanent Housing Guarantee is a company that guaranteed the duty to repair the defects of the instant apartment.

B. On May 27, 2003, Defendant Non-permanent Housing Co., Ltd. (1) leased the instant apartment to occupants according to the former Rental Housing Act (amended by Act No. 7598, Jul. 13, 2005) after undergoing a pre-use inspection with respect to the instant apartment on May 27, 2003, each of the instant apartment units was leased to occupants according to the former Rental Housing Act (amended by Act No. 7598, Jul. 13, 2005).

(2) On July 30, 2009, Defendant Non-permanent Housing entered into a contract for the warranty of defects between the Defendant’s Housing Guarantee and the head of the Gu of Daegu Metropolitan City, the guarantee creditor, the amount of security deposit 257,954,742 won, and the guarantee period from July 30, 2009 to May 26, 2013 (hereinafter “instant guarantee contract”) and was issued a guarantee certificate.

(3) In the instant guarantee contract, the term “the guarantee creditor shall be deemed to have changed to the said council of occupants’ representatives in the event of composition of the council of occupants’ representatives under Article 60(2) of the Enforcement Decree of the Housing Act.”

C. The defect occurred due to the erroneous construction, the non-construction, the defective construction, the defective construction, or the altered construction of the apartment in this case, and the section for exclusive use and the part of exclusive use of the apartment in this case, resulting in an obstacle to the function, safety, or aesthetic view of the apartment in this case.

Defendant Non-permanent Housing is still attached to the section for common use and section for exclusive use of the above apartment because it is not properly performed even after receiving a request for defect repair from the Plaintiff on the apartment of this case.

1. [The list of defects and the table of expenses for repairing defects] are the same.

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