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1. Of the judgment of the court of first instance, with respect to Defendant Jinia Construction Co., Ltd., Defendant Jinia, KRW 350,449,010, among them, and KRW 103,258.
Reasons
1. Facts of recognition;
A. (1) The Plaintiff is an autonomous management body composed of the occupants to manage the 346 units of the Songsung-dong 245-19, Songsan-si apartment complex (hereinafter “the apartment of this case”). Defendant Jina Construction Co., Ltd. (hereinafter “Defendant Jina Construction”) is an executor who constructed and sold the apartment of this case, and Defendant Jina Construction Co., Ltd. (hereinafter “Defendant Jina Construction”) is the contractor who completed the construction of the new apartment of this case after receiving a contract from Defendant Jina Construction.
(2) The Defendant Housing Guarantee Co., Ltd. (hereinafter “Defendant Housing Guarantee Co., Ltd”) is a corporation for the purpose of the sale guarantee, the defect liability guarantee, and the construction and the defect repair of the housing built and supplied by the project undertaker pursuant to the Housing Act, which are for the execution of the said guarantee, and the construction and defect repair of the housing, as set forth in the following B between the Defendant Jinia Construction.
B. On November 29, 2002, Defendant Jinia Construction Co., Ltd. (1) leased each of the instant apartment units to occupants under the former Rental Housing Act (amended by Act No. 6656, Feb. 4, 2002) after undergoing a pre-use inspection with respect to the instant apartment units on November 29, 2002, but converted the instant apartment units into parcelling-out around December 2007.
(2) On December 7, 2007, Defendant Jinia Construction entered into a contract for the repair of defects (hereinafter “each of the instant guarantee contracts”) with the guarantee creditor as the pre-North Korea following market between the Defendant’s Housing Guarantee and the Defendant’s Housing Guarantee.
[Guarantee Contract] The warranty period of this case's apartment complex (1 complex) from December 12, 2007 to November 58, 2012, 2012 is the defect that occurred prior to the warranty period of this case's apartment complex (1 complex).