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(영문) 서울중앙지방법원 2018.09.19 2016가합560174

손해배상(건)

Text

1. The plaintiff's lawsuit against defendant Samsung Heavy Industries Co., Ltd. is dismissed.

2. The Plaintiff:

A. The defendant corporation.

Reasons

1. Basic facts

A. A building located in Seongdong-gu Seoul Metropolitan Government (hereinafter “instant aggregate building”) is an apartment-type factory consisting of 270 rooms, and the total area of the instant aggregate building is 24,806.97 square meters. 2) The Plaintiff is the representative body of the instant aggregate building management body established pursuant to the Act on the Ownership and Management of Aggregate Buildings.

3) Defendant Loym Co., Ltd. (hereinafter “Defendant Loym”) decided to newly construct and sell the instant aggregate building and concluded a management-type land trust agreement with Defendant Korea Land Trust Co., Ltd. (hereinafter “Defendant Korea Land Trust”) on the part of Defendant Loym Co., Ltd. (hereinafter “Defendant Lom”) on the part of the truster, 13, and 13, the beneficiary, and the trustee, using Defendant Korea Land Trust. (4) Defendant Korea Land Trust is a company that constructed and sold the instant aggregate building.

5) Defendant Samsung Heavy Industries Co., Ltd. (hereinafter “Defendant Samsung Heavy Industries”) is a contractor that constructed the instant aggregate building by being awarded a contract with the Defendant Korea Land Trust. 6) Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance”) concluded a warranty contract for the instant aggregate building between Defendant Samsung Heavy Industries and the Defendant Samsung Heavy Industries.

B. Around October 2010, the Defendant Korea Land Trust, which entered into a trust agreement, concluded a land trust agreement with Defendant Korea Land Trust Co., Ltd. (hereinafter “instant trust agreement”) with the content that the instant aggregate building site was built and sold after the construction of the aggregate building site.

C. The instant condominium that was approved to use the instant condominium was approved on February 8, 2013, and around that time, the instant condominium was delivered to the sectional owners, respectively.

On April 8, 2014, Defendant Samsung Heavy Industries, which entered into a warranty contract, is obligated to repair the defects of the instant aggregate building between Defendant Samsung Heavy Industries and the Defendant Seoul Guarantee Insurance Co., Ltd. as the Plaintiff.