하자보수금 등 청구의 소
1. The Plaintiff’s subrogation of Defendant C Co., Ltd. among the lawsuits against Defendant C Co., Ltd. is dismissed.
2...
Under the underlying facts, the following facts do not conflict between the parties, or each of the Gap evidence Nos. 1-10 (including a branch number; hereinafter the same shall apply) is recorded, the appraiser F (hereinafter the "Appraiser")'s appraisal results can be acknowledged by taking into account the overall purport of the arguments as a result of each request for the supplementation of expert evidence against the appraiser of this court.
The plaintiff is the council of occupants' representatives comprised of sectional owners or occupants (hereinafter referred to as "sectional owners, etc.") in order to manage the Gu-U.S. A apartment (hereinafter referred to as "the apartment of this case").
G Co., Ltd. (hereinafter referred to as the “G”) is a project proprietor who newly built and sold the instant apartment, and Defendant B is a truster who entered into a land trust contract with G with regard to the sale of the instant apartment in lots (hereinafter referred to as the “instant trust contract”), and Defendant C is a contractor who completed the construction of the instant apartment after being awarded a contract for the construction of the instant apartment.
The defendant Housing and Urban Guarantee Corporation is a surety that guarantees defendant C's obligation to repair defects in the apartment of this case.
Around September 10, 2013, G entered into the instant sales contract with H and each of the instant apartment units (hereinafter collectively referred to as “instant sales contract”) with each of the buyers of the instant apartment units, such as entering into the sales contract with H on the first of the instant apartment units, etc.
The sales contract of this case was signed and sealed by Defendant B, and Defendant C, respectively, by “trustee and consignee and beneficiary,” respectively. The main contents related to this case are as follows.
Article 17 (Other Matters) 45) All liability for repairing defects (including defects arising before erroneous construction, non-construction, and approval for use) on the property subject to this supply contract shall be borne by the Defendant C of the contractor, and the buyer shall not request G to repair defects. 47) The truster and the beneficiary (Defendant B) for reasons such as termination of trust, achievement of trust purpose, etc.