방화문 성능불량에 따른 손해배상 청구
1. The Plaintiff’s subrogation of Defendant C Co., Ltd. among the lawsuits against Defendant C Co., Ltd. is dismissed.
2. Defendant.
Basic Facts
A. 1) The Plaintiff is a representative meeting of occupants comprised of sectional owners or occupants (hereinafter “sectional owners, etc.”) to manage the apartment complex A (hereinafter “instant apartment complex”) in the old-si city.
2) E Co., Ltd. (hereinafter “E”) is a project proprietor who newly built and sold the instant apartment, and Defendant B Co., Ltd. (hereinafter “Defendant B”) is a truster who entered into a contract with E to sell the instant apartment, and Defendant C Co., Ltd (hereinafter “Defendant C”) is a contractor who entered into a contract with E to sell the instant apartment, and Defendant C Co., Ltd. (hereinafter “Defendant C”) is a contractor who completed construction upon receiving a contract for the construction of the instant apartment.
3) Defendant 2’s Intervenor (hereinafter “ Intervenor”) is a company that executed the instant apartment construction project under a contract with Defendant C with the part of the household entrance and shelter space door among the instant apartment construction works.
B. (1) On September 10, 2013, E concluded the instant sales contract with F to conclude a sales contract with regard to G Dong H among the instant apartment buildings (hereinafter collectively referred to as “instant sales contract”).
2) The instant sales contract was signed by Defendant B and Defendant C as “the trustee and the beneficiary” and “the contractor and the beneficiary,” respectively. The main contents of the instant sales contract are as follows.
Section 17 (Other Matters) 45) Liability to repair any defects (including defects arising before approval for the construction, non-construction, and use) in property subject to this supply contract shall be borne by the Defendant C of the contractor, and the buyer shall not claim for the repair of defects in E.
47) Where a trust contract concluded between the truster and the beneficiary (Defendant B) and the trustee (E) is terminated due to reasons such as termination of the trust, achievement of the purpose of the trust, the trustee holds in the position of the seller under the contract for sale in lots.