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(영문) 수원지방법원 2020.08.12 2017가합11905
하자보수금
Text

1. The Plaintiff’s lawsuit against Defendant C Co., Ltd. exceeding KRW 297,423,631 and its delay damages.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The Plaintiff is the Kuwon-si A apartment and its affiliated building in Suwon-gu (hereinafter “instant apartment”).

(2) The Defendant B Co., Ltd. (hereinafter “Defendant B”) is a truster who entered into a management-type land trust contract with D Co., Ltd. (hereinafter “D”), and is a seller of the instant apartment, and Defendant C Co., Ltd (hereinafter “Defendant C”) is a contractor who entered into a new construction contract for the instant apartment.

B. The sales contract of this case entered into between D, Defendant C and the buyer of the apartment of this case (hereinafter “instant sales contract”)

The contents of the instant apartment contract are as follows. Article 18 (39) of the Act provides that all obligations (such as receipt of the sale price, return of the sale price, transfer of ownership, transfer of ownership, defect repair, etc. at the time of termination or cancellation of the sale contract) related to the sales contract shall be held liable to Defendant B and Defendant C pursuant to the management-type land trust contract concluded between Defendant C and the truster and the truster, and shall not be liable to D. (2) The instant apartment was approved for use on February 28, 2012, and around that time, the buyer took the responsibility to transfer the ownership of the instant apartment.

C. Fire doors and appraisal results of the apartment of this case 1) On the apartment of this case, the fire doors of the size as indicated below (the Class A fire doors; hereinafter “the fire doors”) are the fire doors of this case.

) 총 2,372개가 설치되어 있다. 구분 위치 규격 수량(개 비고 전유부분 현관 1,000×2,200 204 현관 1,100×2,200 519 시험체 현관 1,200×2,200 204 시험체 대피공간 750×2,100 927 시험체 공용부분 제연휀룸 1,100×2,100 24 계단실 등 1,000×2,100 423 시험체 옥탑층 1,000×1,800 48 기계실 2,400×2,400 5 휀룸 2,000×2,100 17 계단실 등 900×2,100 1...

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