logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.11.27 2018가합541641
하자보수금 등 청구의 소
Text

1. Of the instant lawsuit, the part of the Plaintiff’s conjunctive claim against Defendant D is dismissed.

2. The plaintiff, .

Reasons

1. Facts of recognition;

A. Status 1 of the parties concerned) The plaintiff is an apartment A in Ulsan-gu E (hereinafter referred to as "the apartment of this case").

(2) Defendant B is a person who actually sold the instant apartment, and Defendant C is a truster who entered into a trust agreement with Defendant B with respect to the instant apartment, and Defendant D is a contractor who completed the instant apartment construction after being awarded a contract for the instant apartment construction.

B. On February 24, 2011, Defendant B, C, and D entered into the instant trust agreement with the F limited liability company, and the management-type land trust agreement with the content that Defendant C and the truster and beneficiary, Defendant B’s trustee, Defendant D as the contractor and the second priority beneficiary, and F limited liability company are newly constructed and sold the instant apartment as the first priority beneficiary (hereinafter “instant trust agreement”).

Article 25 (Liability for Warranty, etc.) (1) The truster shall be liable for any defect in the land trusted during the trust period or after the termination of the trust, or for any damage incurred therefrom. (4) Where the trustee manages the trusted real estate with the care of a good manager, the truster or beneficiary shall not be liable for any defect in the trusted real estate during the trust period or after the termination of the trust. The liability for the issuance and warranty of the defective warranty certificate of the project as stipulated in Article 22 (Liability for Warranty) of the Special Agreement shall be borne by the “A” (Defendant D), and the “B” (Defendant B) shall not be liable for any defect warranty liability, including the issuance of the defective warranty certificate and the actual performance of the defect warranty against the occupants. (2) In selling the apartment house in this case to the buyer, Defendant B entered into the supply contract (hereinafter “each supply contract of this case”).

(e).

arrow