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(영문) 서울서부지방법원 2019.10.11 2017가단220648
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Nonparty C Co., Ltd (hereinafter “C”) concluded a construction contract with the Defendant on October 16, 2007, to construct a neighboring life and sales facility on the land outside Yongsan-gu Seoul, Yongsan-gu, Seoul, to build a new sales facility on the land.

Around June 2009, the Defendant completed the new construction work of the 1st underground floor, the 6th ground floor, and the 18th sectional aggregate building (hereinafter referred to as the “instant building”) in accordance with the said construction contract, and obtained approval for the use of the said building from the head of Yongsan-gu Seoul Metropolitan Government on June 3, 2009.

B. C completed the completion of the instant building on December 17, 2007 and intended to sell the shop in the building, but only one E store was sold until the completion of the building.

Therefore, on February 17, 2010, with respect to the unsold 17 commercial stores of the instant building, the public sale procedure was conducted from around February 17, 2010, and the Defendant purchased 15 commercial stores (F through G, H through I, J, K, L, and M) in the procedure and completed the registration of ownership transfer on March 5, 2010.

C. From among the commercial stores purchased as above, the Defendant again sold to a third party the 11 household units of F or N, H, O, J, K, L, and M.

(P, Q, and K-3 households of the foregoing 11 generation have been resold thereafter, and only those of F, R, N, H, H, H, H, H L, and Mho-h were owned by the buyer directly purchased from the Defendant). At the time of entering into a sales contract, the sales contract was prepared by changing the form of the sales contract used by C, and Article 11 of the sales contract refers to the Defendant as the seller.

) The display property (referring to the sale real estate among the stores in the building of this case).

(B) is required to repair the defects in the construction during the defect repair liability period in accordance with the criteria prescribed by the relevant laws and regulations; Provided, That “B” means the buyer.

All damage caused by negligence in management shall be borne by "B".

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