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(영문) 서울중앙지방법원 2017.01.19 2014가합590713
손해배상(건)
Text

1. The Plaintiff:

A. As to KRW 1,575,068,040 and KRW 1,435,426,119 among Defendant Il Young-young Co., Ltd.

Reasons

Basic Facts

The plaintiff is an autonomous management body organized by the occupants to manage the 11-dong A Apartment at Jinju-si (hereinafter referred to as the "the apartment of this case") 916 households.

Defendant Korea Asset Trust Co., Ltd. (hereinafter referred to as “Korea Asset Trust”) entered into a trust management-type land trust contract (hereinafter referred to as “instant trust contract”) with a Sejong Bank Development Co., Ltd. (hereinafter referred to as “Sacciny Development”) and Defendant Il-young Co., Ltd. (hereinafter referred to as “Sacciny”) and takes over the site of the instant apartment from the Sejong Bank Development, the truster, and Defendant Il-young is a new construction contractor of the instant apartment.

The Defendant Housing and Urban Guarantee Corporation (the Korea Housing and Housing Corporation has changed its name to the Korea Housing and Urban Guarantee Corporation pursuant to Article 4 of the Addenda to the Housing and Urban Fund Act; hereinafter referred to as the "Guarantee Corporation") is a company that guarantees the repair of defects of Defendant Il-young related to the apartment of this case.

The conclusion and termination of the instant trust agreement concluded the instant trust agreement with the Defendant Korea Asset Trust concluded the instant apartment site in which the Defendant Korea Asset Trust received the instant apartment site from the Sejong Airport Development on March 21, 2007 and built and sell the instant apartment site.

Article 1 (Purpose) (1) of the Trust Contract for Land Management in Trust Form (hereinafter referred to as the "Life Bank Development Contract"), the site of the apartment in this case shall be entrusted to the defendant Korean Asset Trust, and the defendant Korean Asset Trust shall take over

② The purpose of this trust is to build the instant apartment on the instant apartment site and sell the land and buildings (hereinafter referred to as “trust real estate”) as trust property.

Article 27 (Termination of Trust) The Trust Contract shall be terminated in any of the following cases:

4.Where a contract is terminated under Article 26, the terms of this Agreement in Article 36 (Matters of Special Agreement).

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