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(영문) 서울중앙지방법원 2020.05.08 2018가합570274
하자보수에 갈음하는 손해배상 등 청구
Text

1. The Plaintiff:

A. The defendant limited liability company C shall be KRW 887,880,410 and the defendant limited liability company C shall be from April 17, 2019 to May 8, 2020.

Reasons

1. Basic facts

A. The plaintiff is a party, etc. 1) The plaintiff is a A apartment located in Jung-Eup Si E (hereinafter referred to as "the apartment of this case").

(2) On November 27, 2014, Defendant B entered into a sale-type land trust contract with Defendant C (hereinafter “instant trust contract”) and sold the instant apartment.

3) Defendant D’s new construction of the instant apartment (hereinafter “instant construction”)

(B) The Defendant Corporation is a contractor awarded a contract, and the Defendant Corporation guarantees the duty of repairing the defects of the instant apartment. B. Each of the sales contracts concluded between the seller and the trustee of the instant sales contract, Defendant B, the truster and the beneficiary, Defendant C, and the buyer of the instant apartment (hereinafter “instant sales contract”).

Article 18 of the Act provides, “At the same time, after the date of approval for use of the present building, all rights and obligations of Defendant B and Defendant C are succeeded to Defendant C by universal title, and all rights and obligations of Defendant B are succeeded to Defendant C without any separate measure, such as the modification of the present contract, and the buyer agrees thereto.” (C) Defendant D entered into each of the following warranty contracts (hereinafter “instant warranty contract”) with respect to the instant apartment between Defendant Corporation and Defendant Corporation on April 19, 2017 with respect to the instant apartment as indicated below (hereinafter “instant warranty contract”).

Since then, as the council of occupants' representatives of the apartment of this case constituted, the guarantee creditor of the contract of this case was automatically succeeded to the plaintiff.

The guarantee period of Nos. 1 and 1F. 2017.

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