손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Defendant Asian Trust Co., Ltd. (hereinafter “Defendant Asian Trust Co., Ltd”) is an executor of the new construction and sale business of “E apartment” (hereinafter “instant apartment”) composed of three complexes on the ground of 13,527 m27 m2, Yongsan-gu Seoul Metropolitan Government D, Yongsan-gu.
B. Defendant L&WS Co., Ltd. (hereinafter “Defendant L&WS”) is an agent entrusted with the sale of the instant apartment by concluding a trust agreement with Defendant Asian Trust and a management-based disposal trust agreement.
C. Nonparty B Co., Ltd. (hereinafter “B”) is a contractor who entered into a contract for the new construction of the instant apartment with Defendant L&WD EWS and newly built the instant apartment.
B On August 25, 2014, while the instant lawsuit was pending, the Court rendered a decision to commence rehabilitation procedures (this Court 2014 Gohap 146 rehabilitation case) and C’s custodian B took over the instant lawsuit.
Defendant Construction Mutual Aid Association is a mutual aid association that entered into a warranty contract with Defendant Asia Trust, Annbrid, and B regarding defects in the apartment of this case.
E. On December 8, 2010, the Plaintiff entered into a sales contract with the Defendants on 102 Dong 3205 among the instant apartment buildings (hereinafter “instant sales contract”) and is the buyer who purchased the said housing units.
F. The apartment complex of this case consists of three main apartment buildings with a height of 31 floors (101 units), 36 floors (102 units), and 38 floors (103 units) above ground. Among them, 103 units and 102 units of the apartment complex of this case, the defendant's business operation units with a height of 31 floors (hereinafter referred to as "business operation units of this case") newly constructed along with the apartment complex of this case are located.
G. The view of the instant apartment and the business agreement is as follows.
The ground for recognition also exists, Gap 1 and Eul 14, and the purport of the whole pleadings and arguments of the case.
2. Determination on the cause of the claim
A. Summary of the assertion 1 The defendants are the defendants of this case.