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(영문) 서울중앙지방법원 2017.04.20 2013가합563448
하자보수보증금 등
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 party in the position of the Plaintiff. 1) The Plaintiff is an apartment complex of 159 units and ancillary facilities of 159 units, Jungnam-dong, Daejeon Seo-gu, Seosung-gu, Daejeon 2-ro 30 above ground Gyeongnam-do (hereinafter “the apartment complex of this case”).

2) The apartment complex 156 units and annexed facilities (hereinafter “instant apartment complex 2”) on the ground of the 156-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

For the efficient management and operation of the apartment, the autonomous management body is composed of occupants. 2) Defendant Geum-gu Construction Co., Ltd. (hereinafter “Defendant Geum-gu Construction”) is the contractor of the instant new apartment construction and the seller of the instant apartment, and Gyeongnam-gu Co., Ltd. is the contractor of the instant apartment construction and the buyer of the instant apartment construction. The Defendant Construction Mutual Aid Association is the guarantor who entered into a warranty contract for the instant apartment.

3) On April 7, 2015, rehabilitation procedures began on the Seoul Central District Court 2015 Ma10070 on April 7, 2015 with respect to Gyeongnam Company, and on February 3, 2016, the rehabilitation plan was approved on February 3, 2016, and A was appointed as a manager and took over the lawsuit (hereinafter “Defendant Gyeongnam Company”).

B. (B) On July 11, 2005, Defendant Kyungnam-gu entered into a contract for the repair of defects as indicated below (hereinafter “instant contract for the repair of defects”) with Defendant Construction Mutual Aid Association and the head of Daejeon Pungsung-gu with the guarantee creditor as to the new construction of the instant apartment (hereinafter “instant contract for the repair of defects”) and deposit the said contract with the Daejeon Pungsung-gu head, which is the authority for the inspection of the usage of the instant apartment with the Defendant Construction Mutual Aid Association.

2) The details of the warranty bond under the above warranty bond are as follows. The warranty bond of the No. 175868 of the certificate number (the original 17588) is guaranteed.

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