beta
(영문) 울산지방법원 2017.08.17 2015가합2009

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. 1) The Plaintiffs are the Defendants and Ulsan-gu A (hereinafter “instant land”).

(B) 4 apartment buildings in B (hereinafter referred to as “instant apartment buildings”)

(ii)one officetel and one urban-type residential housing (hereinafter referred to as “instant officetel, etc.”)

The sales contract for some officetels, etc. is the number of buyers who entered into a sales contract. (2) The C Co., Ltd. (hereinafter “C”) is a truster who entered into a sales-type land trust contract with the Defendant for the construction and sale of apartment houses and officetels, etc. on the land. The Defendant is a trustee of a trust contract with the Defendant as well as an executor of apartment houses and officetels

B. Article 1 (Trust Purpose) (1) of the conclusion of a land trust contract for sale-type land shall be entrusted to the defendant, and the defendant shall accept the land.

(2) The purpose of trust is to construct apartment houses, officetels, etc. on land and to manage land, apartment houses, officetels, etc. by using them as trust property and sell them in lots.

Article 6 (Defect Security, Liability, etc.) (1) C shall be liable for any defect, damage, etc. caused by a defect, etc. in the land trusted during or after the trust is completed.

(2) Where a defendant manages trust real estate as the care of a good manager, he/she shall not be held liable for any defect or defect in the trust real estate and any damage, etc. that occurs to C or beneficiary and any third party on the ground that such defect or defect has occurred during or after

Article 23 (Trust Period) The period of trust shall be from February 2, 2012 to July 2015.

However, in extenuating circumstances, the defendant may extend the period in consultation with C.

Article 25 (Termination of Trust) The Trust shall terminate in any of the following cases:

1. Where the purpose of trust is achieved;

2. Where the purposes of trust can not be achieved;

3. Where the period of trust expires;

4. Where a trust contract is terminated pursuant to Article 24, 1 C shall be February 10, 2012.