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(영문) 부산지방법원동부지원 2020.10.15 2016가합1242

하자보수금등

Text

1. The amount exceeding KRW 2,343,358,280, among lawsuits against Defendant C Co., Ltd., and this shall apply.

Reasons

1. Facts of recognition;

A. The plaintiff is a party 1) A apartment in Ulsan-gu D (hereinafter referred to as the "the apartment of this case").

(2) The Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded a management-type land trust agreement with the E Co., Ltd. (hereinafter “E”) and trust the site of the instant apartment to E, and the Defendant C Co., Ltd. (hereinafter “Defendant C”) was a contractor who newly constructed the instant apartment after being awarded a contract from Defendant B for the construction of the instant apartment, and the name was changed from the Korea Housing and Urban Guarantee Corporation (hereinafter “Korea Housing & Urban Guarantee Corporation”) under Article 4 of the Addenda to the Housing and Urban Fund Act.

B. The trustor Defendant B (hereinafter referred to as “A”) and the consignee E (hereinafter referred to as “B”) and Defendant C (hereinafter referred to as “A”) of the construction and sale of the instant apartment on the instant apartment site shall determine the following special terms and conditions under the instant trust agreement in carrying out the construction and sale of the instant apartment on the land of the instant apartment site as a management-based land trust project:

Article 3 (Preferential Effect, etc. of Special Agreement) The provisions of this Special Agreement shall prevail over this Agreement.

Article 5 (Trust Period) (1) The period of trust shall be three months from the date on which the use of the building is approved.

Provided, That the trust period may be changed after consultation with Gap, Eul, and Byung according to the change of the construction period and the settlement period of trust projects.

Article 8 (Business Allocation and Good Faith) (1) In order to achieve the objectives of the Project, Gap, Eul, and Byung shall share and cooperate with each other as follows:

(2) A shall perform the following duties:

2.The Project undertaker as to the Project;