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(영문) 서울중앙지방법원 2021.02.10 2019가합500777
하자보수에 갈음하는 손해배상 등 청구
Text

The part of the claim by subrogation among the lawsuits against the defendant corporation B by the plaintiffs and the plaintiff succeeding intervenors.

Reasons

1. Facts of recognition;

A. As of the closing date of the argument in this case, the Plaintiffs and the Plaintiff’s succeeding intervenors are the owners who are classified into 264 households among the 272 households of Seongbuk-gu AI (hereinafter “the instant building”) and were the owners at the time of the instant lawsuit.

Of them, Plaintiff C, D, E, F, G, H, I, J, K, L, M, P, Q, R, Q, T, U,V, W, and Y, Z, AA, AB, AD, AE, AE, AF, AF, AG, AG, and H sell each unit of household indicated in the initial color list of the Plaintiff’s amount of payment according to the annexed sheet to each of the above households as of the closing date of the pleadings (the above Plaintiffs 32, who are not owners as of the closing date of the pleadings of this case as of the closing date of the pleadings of this case, are not the Plaintiff “C, etc.”, and the Plaintiff Company A (hereinafter “Defendant A”) and the Plaintiff Company A (hereinafter “Defendant A”) that concluded a new construction contract with the Corporation A (hereinafter “AJ”), the truster and the trustee of the instant building, and the trustee of the instant building, the Plaintiff A and the heir of the instant building (hereinafter “Defendant B”).

B. On October 10, 201, Defendant A entered into a contract for construction work with Defendant B on the instant building construction work.

2) On October 13, 2011, Defendant A entered into a management-type land trust contract (hereinafter “instant trust contract”) with AJ and AJ as a trustee for the construction project of the instant building, and AJ succeeded to the status of the contractor under the said construction contract.

(c)

1) On December 9, 201, AJ publicly announced the recruitment of occupants for sale of the instant building on December 9, 201, and around October 22, 2013, AJ concluded a contract with Plaintiff AK for sale of the instant building with regard to the instant building, such as entering into a contract for sale of the instant building with Plaintiff AK on October 22, 2013 (hereinafter “instant supply contract”).

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