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(영문) 서울중앙지방법원 2018.04.25 2015가합556703
양수금 등 청구의 소
Text

1. The Plaintiff:

A. Defendant Jeong Ho-ho Co., Ltd.: 440,036,109 won and its related amount from January 30, 2016 to April 30, 2018.

Reasons

1. Basic facts

A. 1) The Plaintiff is an autonomous organization composed of two apartment units (hereinafter “instant apartment units”) 243 residents among the building B in Jung-gu, Daejeon (hereinafter “instant building”) (hereinafter “instant apartment units”). The Defendant Ho Ho Ho Ho-Hy Co., Ltd. (hereinafter “Defendant Ho-ho”) decided to newly construct and sell the instant building; and the Plaintiff signed a management-type land trust agreement with Defendant Asian Trust Co., Ltd. (hereinafter “Defendant Asian Trust”) with the truster and beneficiary, and the trustee with the Defendant Asian Trust Co., Ltd. (hereinafter “Defendant Asian Trust”).

3) Defendant Asian Trust is a project undertaker who constructed and sold the instant apartment, and the Southern Mine Construction Co., Ltd. (hereinafter “Seoul Mine Construction”) is a company that contracted the construction of the instant apartment from Defendant Asian Trust with a contract for the construction of the instant apartment from Defendant Asian Trust. 4) Defendant Housing and Urban Guarantee Corporation (hereinafter “Defendant Guarantee Corporation”) guaranteed the obligation to repair the defects arising after the inspection of the use of the instant apartment.

B. On July 21, 2008, the Defendant Jeong Ho-sung concluded a land trust agreement with the Defendant Asian Trust with the content that the Defendant Asian Trust built the instant building site after being entrusted with the construction thereof (hereinafter “instant trust agreement”).

C. (1) On October 15, 2010, the Southern Mine case concluded a contract for the repair of defects as indicated in the table (hereinafter “instant guarantee contract”) under which the Defendant Guarantee Corporation and the guaranty creditor are the Daejeon Metropolitan City Mayor and guarantee creditor as the Daejeon Metropolitan City Mayor for the repair of defects regarding the instant apartment complex. [Attachment] The details of the issuance of the certificate of the repair of defects are as follows: the No. 1 C 270,603,072, the number of guarantee deposit (the date of pre-use inspection from October 29, 201 to October 27, 20, 203,072 from October 29, 201 to October 28, 201, 2005,904, 904, 608 to October 28, 2012, 205 to October 31, 2019 to October 31, 2015;

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