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(영문) 서울중앙지방법원 2017.03.23 2016가합548464

구상금

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a project proprietor who constructed and sold an apartment complex of the same 480 ground East Amardle, the same 480-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 Construction Industry Co., Ltd. (hereinafter

B. The instant apartment building obtained approval for use on March 29, 2013. However, the construction of the part to be constructed according to the design drawing was not carried out, unlike the drawing, or was carried out in bad faith, and there was a defect such as rupture and water leakage in the section for common use and section for exclusive use of the instant apartment. Accordingly, the council of occupants’ representatives of the instant apartment continuously requested the Plaintiff and Dong Construction to repair the defect since January 2014 after the defect occurred.

C. If the instant apartment does not properly repair the defect, the council of occupants’ representatives of the instant apartment, on October 17, 2014, filed a lawsuit seeking compensation in lieu of the defect repair against the Plaintiff, Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”), which entered into a land trust contract with the Plaintiff for sale-type land (hereinafter “Korea Land Trust”), and the Construction Mutual Aid Association, which guaranteed the liability for the defect repair of the said building, Seoul Central District Court 2014Gahap578, and the manager of the East Asia Construction, during the said lawsuit, participated in the construction mutual aid association.

On June 15, 2016, the Seoul Central District Court rendered that “the status of the seller of the instant apartment as the land trust contract between the Plaintiff and the Korea Land Trust was terminated due to the expiration of the trust period was transferred to the Plaintiff,” and rejected the claim against the Plaintiff and the Construction Mutual Aid Association, in part, accepted the claim against the Plaintiff and the Construction Mutual Aid Association, and “the council of occupants’ representatives of the instant apartment, the Plaintiff pays 882,347,180 won and damages for delay as compensation in lieu of the defect repair, and the Construction Mutual Aid Association, the guarantor of the East Asia Construction Mutual Aid Association, as joint with the Plaintiff.