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(영문) 서울중앙지방법원 2016.06.17 2012가합513057
손해배상(기)
Text

1. The plaintiff's lawsuit against A, a receiver of the defendant rehabilitation debtor A, against A, a lawsuit against the defendant rehabilitation debtor A.

Reasons

1. Facts of recognition;

A. Conclusion 1 of the instant agreement) The Plaintiff and the Defendant Pyeong Construction Co., Ltd. (hereinafter “Defendant Pyeong Construction”).

2) Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”), the receiver of Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”).

(3) On August 4, 2014, the Plaintiff owned the Plaintiff, and the Plaintiff’s land and the land and its ground 4-dong (hereinafter “instant real estate”) of Gyeyang-gu, Gyeyang-gu, Seoul, and the land and its ground 9-dong (hereinafter “instant real estate”).

(1) The construction of the apartment of 120 households on the ground (hereinafter “the apartment of this case”) on the high-gu Seoul Metropolitan Government D and 4 lots owned by the Defendant Pyeongtaek-gu. The construction of the apartment of 120 households on the ground (hereinafter “instant apartment”).

2) The agreement to newly construct and donate the agreement (hereinafter “instant agreement”)

(2) At the time of the instant agreement, Defendant Pyeong Construction agreed to implement the supplementary work immediately after the completion of the instant apartment construction.

3) In addition, Defendant A, as the constructor of the instant apartment, jointly and severally guaranteed the instant obligation under the instant agreement. (b) Defendant B obtained approval for the use of the instant apartment on May 7, 2007, and transferred the instant apartment to the Plaintiff around that time. (c) Defendant A was decided to commence rehabilitation procedures on May 10, 2012 by the Seoul Central District Court Decision 2012 Gohap72, and Defendant A was appointed as the manager of Defendant A, and was decided to terminate rehabilitation procedures on April 4, 2013. [based on recognition] With respect to Defendant Pyeong Construction, it was decided to conclude rehabilitation procedures on the confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act): The fact that there was no dispute against Defendant A, as a whole, and the purport of the entire arguments as to the evidence as set forth in subparagraphs 1 through 4.

2. Determination as to the claim against Defendant Myeong Construction

A. The Plaintiff is liable for damages. The Plaintiff’s contract for the supply of the apartment of this case, which was made under the agreement of this case, transferred the real estate of this case to Defendant Pyeongtaek Construction.

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