하자보수보증금 등 청구의 소
Defendant C Co., Ltd. and 16,289,085 won among them, from October 24, 2018, and from October 18, 184.
Basic Facts
The plaintiff is an autonomous management organization comprised of the occupants in order to manage the A Apartment-dong 613 apartment units in Gwangju Northern-gu (hereinafter referred to as the "instant apartment units").
Defendant B entered into a management-type land trust contract (hereinafter “instant trust contract”) with E Co., Ltd. (hereinafter “E”) and Defendant C, etc., and sold the instant apartment.
Defendant C is a contractor awarded a contract for the new construction of the instant apartment, and the Defendant Guarantee Corporation is a guarantor who entered into a warranty contract with Defendant C on the instant apartment.
Defendant B entered into a trust contract and a sales contract as a trustee; Defendant C as a contractor; Defendant C as a contractor for the construction project and the second priority beneficiary; and F entered into a management-type land trust contract (hereinafter “instant trust contract”) on December 6, 201 as a first priority beneficiary; and the relevant content of the said trust contract is as follows:
The management-type land trust contract (A) E (hereinafter referred to as the "trustee"), the defendant B (hereinafter referred to as the "trustee"), the F Co., Ltd. of the first priority beneficiary and the defendant C of the second priority beneficiary (hereinafter referred to as the "priority beneficiary") shall conclude a management-type land trust contract (hereinafter referred to as the "trust contract") as follows:
Article 1 (Purpose of Trust) (1) This trust deed aims to provide the beneficiary with trust benefits by constructing a building (hereinafter referred to as "trust building") in attached Form 2 on the land listed in attached Form 1 (hereinafter referred to as "trust land"), disposing of trust property land and trust building (hereinafter referred to as "trust real estate"), and operating it.
(2) The trustee shall bear the rights and duties of the owner of a building within the scope of trust property, and shall be designated by separate agreement as the truster or the trustee in charge of raising funds.