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(영문) 서울중앙지방법원 2020.11.13 2019가합509767
하자보수에 갈음하는 손해배상 등 청구
Text

The Plaintiff

A. Defendant C Co., Ltd. and D Co., Ltd. jointly KRW 2,687,177,415 and KRW 1,520,00,000 among them.

Reasons

1. Basic facts

A. The plaintiff is a party, etc. 1) A apartment located in Suwon-gu I (hereinafter "the apartment of this case") in Suwon-gu I.

(2) On December 11, 2012, Defendant B entered into a sale-type land trust contract with Defendant C (hereinafter “instant trust contract”) and sold the instant apartment.

3) Defendant D’s new construction of the instant apartment (hereinafter “instant construction”)

(B) The Defendant Corporation is a contractor awarded a contract. The Defendant Corporation guaranteed the obligation to repair the defects of the apartment of this case by Defendant D. The Intervenor’s auxiliary participant supplied materials at the construction site of this case to the company that contracted part of the instant construction from Defendant D or the company that executed the instant construction site. B. Each sales contract concluded between Defendant B, the truster and the beneficiary, and the buyer of the instant apartment (hereinafter “instant sales contract”).

Article 18 of the Act provides, “When the trust between Defendant B and Defendant C terminates (the occurrence of the cause of termination stipulated in the trust agreement, such as the achievement of the purpose of the trust, the expiration of the trust period, the termination of the trust agreement, etc.), or when the ownership of the real estate subject to this sale is transferred to the number of buyers in Defendant B (the partial termination of the trust)” (the partial termination of the trust), all rights and obligations of Defendant B related to this contract shall be succeeded to the discharge of obligation without any separate measure, such as the modification of this contract, and the buyer agrees thereto.” (C) Defendant D entered into the warranty contract of this case with the Defendant on February 3, 2017 with respect to the apartment of this case (hereinafter “instant warranty contract”).

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