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(영문) 서울중앙지방법원 2019.08.21 2016가합572320
손해배상(기)
Text

1. Defendant B Co., Ltd.: KRW 510,472,853 and its weight:

(a) From December 16, 2016, KRW 201,000.

Reasons

1. Basic facts

A. The status of the parties 1) Defendant B Co., Ltd. (hereinafter “Defendant B”).

2) The apartment of this case (hereinafter referred to as the “instant apartment”) shall be composed of 11 A apartment, 898 households, and ancillary facilities (hereinafter referred to as the “instant apartment”).

(2) Defendant C Co., Ltd. (hereinafter “Defendant C”) is a truster who has concluded a land trust contract with Defendant B.

3) Defendant D Co., Ltd. (hereinafter “Defendant D”)

(4) The Plaintiff is an autonomous and management organization that consists of occupants, including sectional owners, for the management of the apartment of this case.

B. On May 30, 2008, the Defendants of a management-type land trust contract concluded a management-type land trust contract with the content that Defendant C, the truster, and Defendant D, as the contractor, are obligated to procure project costs, and the trustee is the subject of the rights and obligations as the project proprietor within the scope of trust property, and Defendant D concluded a management-type land trust contract with the content of an agreement to complete the liability as the contractor of the said new apartment construction project (hereinafter “instant trust contract”).

C. Defendant D, including the pre-use inspection, had undergone the pre-use inspection on the instant apartment on December 28, 201, and around that time, delivered each of the instant apartment units to sectional owners.

On November 2018, among the apartment doors of this case, the apartment doors of this case were extracted as a sample and performed a performance test by extracting two tamps of the front generation, the shelter, and the public stairs room, and the performance test was confirmed to be fully appropriate. However, non-heat performance was confirmed to be all four even each, the front generation gate and the stairs room extracted as a sample.

E. The Plaintiff transferred the right to claim damages by November 12, 2016.

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