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(영문) 서울중앙지방법원 2017.02.08 2014가합552193
하자보수보증금 등
Text

1. The Plaintiff:

A. As to Defendant Korea Asset Trust Co., Ltd, the amount of KRW 585,795,024 and KRW 101,00,000 among them.

Reasons

1. Facts of recognition;

A. 1) Defendant Korea Asset Trust Co., Ltd. (hereinafter “Defendant Korea Asset Trust”)

(1) On March 20, 2007, Daedae General Construction Co., Ltd. (hereinafter “Large General Construction”)

(2) Defendant Dok Construction Co., Ltd. (hereinafter “Defendant Dok Construction”)

(2) A trustee agency-type land trust contract (hereinafter referred to as the “instant trust contract”) with the purport that the construction and the large-scale inter-construction are entrusted to the Defendant Korean Asset Trust with the land, such as Jinyang-si, Jinyang-si, Jinyang-si, Jin-si, and the construction and sale of the 3 to 18th above-ground multi-unit housing and ancillary and welfare facilities on the land.

The main text of the instant trust contract and the special agreement are as follows. [The main text of the instant trust contract] Article 1 (Purpose of Trust) (1) A (large Construction; hereinafter the same shall apply)

(1) The land listed in the attached Form (1) (hereinafter referred to as “land”).

B.B (Defendant Korea Asset Trust, hereinafter the same shall apply)

(2) The purpose of this trust shall be the building listed in the annexed Form (2) (hereinafter referred to as the “building”) on the land.

land and buildings (hereinafter referred to as “trust real estate”) shall be constructed and the land and buildings shall be collectively referred to;

Article 4 (Construction of Buildings) (1) A shall be a construction company selected by B (hereinafter referred to as “construction company”).

(2) If a trust property has been managed with the care of a good manager, the trust property shall not be held liable to A or beneficiary and any third party for any defect in the trust property during the trust period or after the completion of the trust, as well as for any damage, etc. caused by the defect in the trust property and the defect in the trust property.

1. Where the purpose of trust is achieved;

2. Trust;

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