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(영문) 서울고등법원 2019.05.31 2018나2047227
하자보수에 갈음하는 손해배상등
Text

1. Of the judgment of the court of first instance, the part regarding Defendant C and Defendant D Association is modified as follows.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management organization that consists of the occupants in order to manage the 468 household "A apartment house (hereinafter "the apartment house in this case") on the F of the Gu and the Gu.

B. Arrangement 1) E, B, and Defendant C Co., Ltd. (hereinafter “Defendant C”) on the new construction and sale of buildings

A) On October 2008, G and 101 lots (the lot number standards at the time) other than Gu-si, Gu-si, Seoul Special Metropolitan City (hereinafter “instant building”) collective housing and ancillary and welfare facilities (hereinafter “instant building”).

2) The business of newly constructing and selling a new project (hereinafter referred to as “instant project”).

(1) As to the land trust business agreement (hereinafter referred to as the “instant business agreement”) containing the following contents:

- B entered into a trust registration procedure with respect to land related to the project, including the acquisition of ownership of the land of the project site, etc. for the promotion of the project in this case, resolving the causes for restrictions on land such as limited real rights, and implementing the trust registration procedure with respect to land related to the project. - After entering into a trust contract with B for land sale, E shall enter into a construction contract with the defendant C for the construction of the building in this case and enter into a new construction of the building. - The sale shall be conducted in cooperation with B and E, but the receipt and management of the funds shall be managed by E; 2) B and E shall be conducted in consultation with each other, but the land owned by B under the project agreement in this case on October 30, 208 (102 lots, such as old H, etc. based on the lot number at that time) and buildings (or Gu I, J, K, and L ground buildings) shall be entrusted to E, and E shall enter into a trust contract with respect to the construction of the building in this case after acquiring it and constructing the building and selling it with the trust property.

(hereinafter “instant trust agreement”). Of the terms and conditions of the instant trust agreement, the parts related to the instant case are as follows.

Article 6 (Defect Security, Liability, etc.) (1) B of the Land Trust Contract for Sale-type shall be completed during the period of trust or after the termination of trust.

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