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(영문) 서울중앙지방법원 2018.04.19 2015가합550422

하자보수보증금 등

Text

1. The bankruptcy trustee D and E. of the bankrupt C Co., Ltd., the water transferor of the Defendant C Co., Ltd., among the instant lawsuit.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The Plaintiff is Mineyang-si A apartment (hereinafter “instant apartment”).

(2) In order to manage 803 households, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a management-type land trust agreement (hereinafter “instant trust agreement”) with the F Co., Ltd. (hereinafter “F”) to manage and operate the instant apartment site, etc. in trust with F and pay trust benefits to the beneficiaries by managing and operating the said trust property by leasing, disposing of, etc. the said trust property. The F is a company that carries out the instant new apartment construction project in accordance with the said trust agreement.

3) C Co., Ltd. (hereinafter “C”)

(4) The Defendant Housing and Urban Guarantee Corporation (hereinafter “Defendant Guarantee Corporation”) is a guarantee company that guarantees the performance of the duty to repair defects in relation to the instant apartment as follows. C received a decision on June 11, 2012 from the Seoul Central District Court Decision 2016Hahap103 on August 12, 2016, and D was declared bankrupt on August 12, 2016.

B. On October 29, 2012, F entered into a contract with the Defendant Guarantee Company to guarantee the obligation to repair the defects of the instant apartment complex of the F as indicated in the following table of defect warranty liability (hereinafter “each of the instant warranty contracts”) and deposit each of the respective warranty contracts with the Defendant Guarantee Company, which was issued by the Defendant Guarantee Company for the inspection of defect warranty liability.

Each of the above warranty contracts shall not be held liable for the defects that occurred prior to the term of warranty, and shall be organized by the council of occupants' representatives under Article 60 (2) of the Enforcement Decree of the Housing Act.