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(영문) 서울중앙지방법원 2020.12.23 2019가합503943
하자보수에 갈음하는 손해배상청구의 소
Text

1. Defendant C’s KRW 154,539,487 as well as 6% per annum from March 12, 2019 to December 23, 2020.

Reasons

1. Basic facts

A. The Plaintiff is an officetel A (the fourth floor, the 12th floor above ground, and the hereinafter “instant officetel”) in Mapo-gu Seoul Metropolitan Government.

(2) For the management of the instant officetel, Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that newly built the instant officetel and obtained approval for use on July 26, 2017. Defendant D Co., Ltd. (hereinafter “Defendant D”) is a contractor that newly built the instant officetel, and Defendant C entered into a land trust agreement with Defendant B (hereinafter “instant trust agreement”) and entrusted the instant officetel construction project to Defendant B.

B. (1) On May 11, 2015, Defendant C entered into a construction contract with Defendant D on a construction period of 20 months after the commencement of the construction period, and 8.6 billion won (value added tax) for the construction of the instant officetel. (2) Defendant B entered into a construction contract on June 3, 2015 with Defendant C, and Defendant D to the effect that only the external owner of the construction contract will succeed to the name of the owner of the instant officetel. (c) Defendant B completed the instant officetel’s construction of the instant officetel and obtained approval for use of the instant officetel on July 26, 2017, and Defendant B fulfilled its duty of transfer registration and delivery of each ownership of the instant officetel’s relevant household to the buyer around that time. (d) Defendant B did not perform the duty of transfer registration and transfer registration of the instant officetel’s remaining owner of the instant officetel to the buyer on July 27, 2017.

2. Terms and conditions of the sales contract for the instant officetel concluded between the buyer and the Defendants are stipulated.

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