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1. The Defendants jointly and severally committed against the Plaintiff KRW 44,870,912 and Defendant Korea Urban Development Corporation.
Reasons
1. Basic facts
A. The Plaintiff is a party. 1) The Plaintiff is a 102-dong and 103-dong (hereinafter “the instant tenement house”) from among the apartment houses located in 16, Gangnam-gu, Gangnam-gu, Gangnam-do.
(2) Korea Trust Co., Ltd. (hereinafter “Korea Trust”) concluded a trust agreement with Defendant Korea Urban Development Corporation (hereinafter “Defendant Korea Urban Development Corporation”) to implement a new project of constructing a apartment house under the trust of the instant apartment house from the said company.
3) Korea’s trust concluded a sales contract with a buyer as “trustee and seller,” and the relevant sales contract is concluded by Defendant Kang Dong Construction Co., Ltd. (hereinafter “Defendant Kangdong Construction”).
(4) The instant tenement house was completed as a result of the construction of Defendant Gangseodong Construction and the construction of Defendant GaS Construction Industry Co., Ltd. (hereinafter “Defendant GaS Construction”).
5) Paragraph (4) of the instant special agreement on the instant apartment house sales contract provides that all rights and obligations (including status) of the Korea Trust automatically transfer to Defendant Korea Urban Development when the trust agreement is terminated between Korea Trust and Defendant Korea Urban Development. The said trust agreement was terminated on February 2, 2015. (B) The instant apartment house was completed on September 2014 and obtained approval for use.
2) The occupants of the instant tenement house were aware of the occurrence of defects, such as water leakage and cream, and the Defendants requested the repair of defects. However, the Defendants did not complete the repair of defects. 3) The occupants of the instant tenement house filed a claim for damages in lieu of defect repair with the Construction Financial Cooperative that guaranteed the repair of defects.
4. The Construction Mutual Aid Association on December 12, 2014 of this case.