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(영문) 서울중앙지방법원 2018.07.20 2014가합40980
하자보수에 갈음하는 손해배상등
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall fully pay KRW 1,858,426,174 and its related amount from October 30, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is an autonomous management organization that consists of occupants to manage the 468 household units, “A apartment house (hereinafter referred to as the “instant apartment house”) located on the F of the Gu and America.”

B. 1 Agreement on the New Construction and Sale of Buildings 1) Defendant E, B, and C (hereinafter referred to as “Defendant B”) are all omitted, and Defendant B is referred to as “Defendant B”.

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:

- Defendant B entered into a trust registration procedure with respect to land related to the project, including the acquisition of the ownership of the land in the project site, etc. for the promotion of the project in this case, and resolve the grounds for restrictions on land such as limited real rights, and implement the trust registration procedure with respect to the land related to the project. - Defendant E enters into a trust contract with Defendant B for the construction of the building in this case after entering into the sale-type land trust contract with Defendant C. - Defendant E shall raise funds necessary for the project with proceeds from sale and loan. - Sale shall be conducted in cooperation between Defendant B and Defendant E, but the fund collection and management shall be managed by Defendant E. 2) and Defendant B held by the Defendant under the instant project agreement on October 30, 208 (102 lots, such as Gu, Si, H, J, K, and L ground buildings based on the lot number at the time of the project in this case), and Defendant E entered into a trust contract with Defendant E for the construction of the building in this case and the new sale of the building in lots.

(hereinafter “instant trust contract”). The terms of the instant trust contract are as follows.

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