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1. As to Defendant Vicom Co., Ltd.’s KRW 882,347,180 and KRW 813,025,130 among them, Defendant Noncom Co., Ltd.’s KRW 882,347,180 on October 8, 2014.
Reasons
1. Basic facts
A. Status 1 of the parties concerned) The Plaintiff is an apartment building A on the ground C in the East Sea (hereinafter “instant apartment building”).
(2) The Defendant Korea Land Trust is an autonomous management organization consisting of occupants for the management of 297 households. (2) The Defendant Korea Land Trust concluded a land trust agreement with Defendant Noncom on the instant apartment site and acquired the instant apartment site. Defendant Noncom is a business entity that constructed and sold the instant apartment, and the Defendant Construction Mutual Aid Association guaranteed the obligation to repair the defects of the East Asia Construction Industry Co., Ltd. (hereinafter “Dong Construction”) that constructed the instant apartment.
B. On November 22, 2010, the Defendant Korea Land Trust and the Defendant Noncom entrusted the instant apartment site to the Defendant Korea Land Trust on the instant apartment site, and concluded a sale-type land trust agreement (hereinafter “instant trust agreement”) with the content that the instant apartment was constructed on the instant apartment site and sold it to the trust property, and the key contents thereof are as follows.
Article 1 (Purpose of Trust) (1) Defendant Noncom shall entrust the site of the apartment of this case to the Defendant Korea Land Trust, and the Defendant Korea Land Trust shall accept the site.
② The purpose of this trust is to construct the instant apartment on the instant apartment site and to sell the instant apartment site and apartment as trust property.
Article 6 (Defect Security, Liability, etc.) (2) Where the Defendant Korea Land Trust manages the trusted real estate as the care of a good manager, it shall not be held liable for the damages, etc. incurred to Defendant Non-com or beneficiary and a third party on the ground that there is any defect or defect in the trusted real estate during the period of the trust or after the termination of the trust.
Article 9 (Duty of Good Faith and Duty of Fidelity) (1) The defendant Korean Land Trust shall be a building.