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(영문) 서울중앙지방법원 2017.10.18 2013가합88985
하자보수금
Text

1. The plaintiff and the successor of the plaintiff A-Re-Housing Maintenance Project Association's successor representative council

A. Defendant.

Reasons

1. Facts of recognition;

A. Status 1 of the parties concerned) The Plaintiff Association is a B apartment in Seocho-gu Seoul Metropolitan Government (hereinafter “instant apartment”).

The plaintiff's representative council is an autonomous organization composed of residents of 3,410 households of the apartment of this case. The plaintiff's representative council is a person who newly constructed and sold the apartment of this case and entered into a contract for the new construction of the apartment of this case with the plaintiff's association (hereinafter "the contract of this case") and constructed the apartment of this case. The defendant Seoul Guarantee Insurance guaranteed the defendant's obligation to repair the defects of the apartment of this case.

B. From December 17, 2008 to December 16, 2009 to December 16, 2009, 5,023,04,020 from December 17, 2008 to December 16, 2008 to December 16, 16, 2008 to December 16, 16, 023,04,020 to December 17, 2008 to December 16, 204,020 to December 17, 200 to December 17, 201 to December 16, 201 to December 7, 2034, 06,0204 to guarantee the obligation to repair defects under Seoul Guarantee Insurance (hereinafter “Defendant 1’s warranty bond”) and Defendant 1’s warranty bond to the same effect as the instant case’s defect repair contract.

(2) On March 5, 2009, Defendant AS Construction had undergone a pre-use inspection on the instant apartment on March 5, 2009 (the date of application for business approval: August 29, 2003; October 30, 2004; the date of approval of the business plan; December 16, 2008; and around that time, the relevant household of the instant apartment was delivered to the sectional owners; thereafter, as the Plaintiff’s council of occupants’ representatives, which is an autonomous management body of the instant apartment, constituted the Plaintiff’s council of occupants’ representatives, the guarantee creditor of the instant apartment, was changed to the Plaintiff’s council of occupants’ representatives.

C. The defect occurrence and defect repair cost of the apartment of this case did not perform the construction works of the new apartment of this case, or the design drawings are different from the design drawings.

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