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(영문) 서울중앙지방법원 2013.08.28 2012가합55049
손해배상 등
Text

1. A, a receiver of the rehabilitation obligor, who is a lawsuit taking over the lawsuit of the Plaintiff’s lawsuit against the Defendant Maidsan Construction Corporation.

Reasons

1. Basic facts

A. Party status 1) The Plaintiff is the Plaintiff’s 201 apartment-type factory 201 household in Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant building”).

(2) For the management of the building of this case, Defendant KIBD Entertainment Co., Ltd. (hereinafter “Defendant KI”) is a project proprietor who constructed and sold the building of this case, and the wall construction Co., Ltd. (hereinafter “Co., Ltd.”) is a contractor who supplied the building of this case from Defendant KI to construct the new building of this case, and the wall construction Co., Ltd. (hereinafter “Co., Ltd.”) is a contractor who constructed the new building of this case by receiving a supply of the building of this case from Defendant KI., and the Defendant

4.(a)

1) As set forth in paragraph 2, the company is a company which has entered into a warranty contract for the instant building.

B. On March 23, 2009, the approval for use of the instant building was granted.

C. The Plaintiff transferred the claim from all the sectional owners of the 201 household units of the instant building, in lieu of the defect repair of the instant building against Defendant KA, and was delegated with the authority to notify the assignment of the claim, and notified Defendant KA of the fact of the assignment of the claim.

On June 29, 2012, the Plaintiff filed the instant lawsuit against the construction of brick mountain, a contractor, for the commencement of rehabilitation procedures, on June 29, 2012. On July 3, 2012, according to the Seoul Central District Court Decision 2012 Ma116, the custodian A (hereinafter “Defendant trustee”) of the debtor’s brick mountain construction, a litigation for the construction of brick mountain, took over the instant lawsuit.

In the rehabilitation procedure, the Plaintiff reported the damage claim in lieu of the defect repair for the brick construction within the period for reporting the rehabilitation claim, but the Defendant custodian raised an objection thereto.

【Ground of recognition between the Plaintiff and Defendant Kh: The fact that there is no dispute between the confession recipient and the Defendant administrator, and the Construction Mutual Aid Association.

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