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(영문) 서울중앙지방법원 2016.08.24 2014가합56381
하자보수금등
Text

1. The plaintiff's claim against the primary defendant is dismissed.

2. Preliminary Defendants jointly do so to the Plaintiff on 295,708.

Reasons

1. Basic facts

A. The plaintiff is the party to the dispute 1) The plaintiff is the Seogsan-gu Suwon-ro 196-ro 20, Ulsan-ro 196 Taedong-dong apartment (hereinafter "the apartment of this case").

(2) The primary Defendant concluded a land trust contract for the instant apartment site and acquired the instant apartment site in order to ensure the management of 137 households. (2) The primary Defendant is the company that formed a preparatory land trust contract for the development of the relevant apartment site and the instant apartment site.

3) Preliminary Defendant Sym Industries Development is the executor of the instant apartment, and the Papum Joint Construction of the Papum Defendant C (PP Co., Ltd. at the time of the execution of the instant apartment) was merged into the Papum Joint Construction of the Papum on July 16, 2013.

(4) Defendant Construction Mutual Aid Association is a mutual aid association that guarantees the repair obligation of the plant of the plant of this case to the head of the plant of this case.

B. On August 14, 2007, the development of the land trust contract for sale-type land with the primary Defendant and the primary Defendant with the conjunctive Defendant were entrusted with the instant apartment site to the primary Defendant on August 14, 2007. The land trust contract for sale-type (hereinafter “instant trust contract”) was entered into with the construction of the instant apartment on the instant apartment site, and the main contents thereof are as follows.

Article 1 (Purpose of Trust) (1) The development of the conjunctive defendant-related industry shall trust the site of the apartment of this case to the primary defendant, and the primary defendant shall accept it.

② The purpose of this trust is to construct the instant apartment on the instant apartment site and to sell the instant apartment site and apartment as trust property.

Article 6 (Defect Security, Liability, etc.) (1) The development of the primary defendant substitute industry shall be made with respect to the defect of the land in the trust or after the termination of the trust, and the damage, etc. caused by the defect in the trust.

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