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(영문) 서울서부지방법원 2018.06.15 2017가합36451
손해배상(건)
Text

1. The Defendant’s KRW 316,467,730 among the Plaintiff and KRW 284,267,227 among the Plaintiff, shall be from June 25, 2013, and KRW 32,20,503.

Reasons

Facts of recognition

The Plaintiff is an autonomous management organization organized by the occupants to manage A main complex building in Seongbuk-gu Seoul Metropolitan Government ( composed of 56 apartment units, 27 officetels units, and 138 commercial buildings; hereinafter “instant building”).

The conclusion of the trust contract and the construction of the building in this case 1) The defendant is the Korea Land Trust Co., Ltd. (hereinafter "Korea Land Trust") on November 30, 2007.

) In addition, the Defendant’s land in Seongbuk-gu Seoul (hereinafter “instant land”) in the land trust in Korea.

(3) As to the sale-type land trust agreement (hereinafter “instant trust agreement”) with the purport that the Korea Land Trust shall construct the instant building on its ground and sell the instant land and buildings with the trust property as part of the trust property.

(2) The Korea Land Trust contracted the construction of the instant building to the same construction company (hereinafter referred to as the “same Construction”), and the same construction had undergone a pre-use inspection on the instant building around June 25, 2010. Since that time, the relevant household of the instant building was transferred to sectional owners, and thereafter, the Plaintiff, an autonomous management organization of the instant building, was organized.

1) The Plaintiff continuously requested repair of defects to the same construction at the request of the occupant or sectional owner of the instant building, and the same construction was partially repaired, by failing to perform the construction of the instant building while constructing the new construction, or by modifying the construction differently from the drawing of defective construction or inspection of use.

However, there still remain still defects in the building of this case.

The detailed details are.

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