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(영문) 서울중앙지방법원 2017.01.25 2014가합61680
하자보수보증금등
Text

1. The Plaintiff:

A. As to the Defendant Cho Jong-soo Co., Ltd., Ltd., the amount of KRW 437,101,858 and KRW 101,00,000 among them, the amount of KRW 437,101,858.

Reasons

1. Basic facts

A. 1) The Plaintiff, as Kimcheon-si, as Kimcheon-si, 2040-20, as Kimcheon-si, shall be entitled to the instant apartment complex (hereinafter “instant apartment”).

In order to manage the 360 households of 8 dong 360, the autonomous management organization consisting of occupants is the company that constructed and sold the apartment of this case.

3) The Defendant promoting company is the construction contractor of the instant apartment, and the Defendant Seoul Guarantee Insurance is the mutual aid association that guarantees the Defendant’s promoting company’s duty to repair the defects of the instant apartment. B. On August 14, 2007, the Defendant Han Jong-chul and the Defendant Korea Land Trust entrusted the instant apartment site to the Defendant Korea Land Trust. On the instant apartment site, the instant apartment site was entrusted to the Defendant Korea Land Trust, and the sales-type land trust contract (hereinafter “instant trust contract”) was concluded with the content that the instant apartment was built and sold after it was sold on the instant apartment site (hereinafter “instant trust contract”).

2) The instant land trust contract was modified on three occasions until September 11, 2013, and the main contents of the final agreement are as follows. Article 1 (Purpose of Trust) ① the instant apartment site is entrusted to the Defendant Korea Land Trust, and the Defendant Korea Land Trust takes over the instant apartment site. ② The purpose of the instant trust is to construct the instant apartment on the instant apartment site and sell the instant apartment site and apartment site as trust property. The purpose of the instant trust is to sell the instant apartment site and apartment site as trust property. Article 6 (Cancellation of Trust and Liability, etc.) is responsible for the defect of the relevant trust land or the damage, etc. caused by the defect of the relevant trust property during or after the completion of the trust.

(2) Where the trust of land in Korea has been managed with the care of a good manager, the defendant shall be urged to work on the ground that there was any defect or defect in the trust property during or after the period of the trust.

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