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(영문) 서울중앙지방법원 2017.02.16 2015가합19297
손해배상 등
Text

1. Of the Plaintiff’s lawsuits against Defendant GaS Construction Co., Ltd., the amount exceeding the amount set forth in paragraph 2(a) below.

Reasons

1. Basic facts

A. The Plaintiff is a party in the position of the Plaintiff. 1) The Plaintiff is a high-tech apartment complex 2 apartment complex 5, 546 households and 8 households of neighborhood living facilities (hereinafter “instant apartment complex”) located in 1020 (credit dong), as the Gongu in Gwangju North-gu.

In order to manage the apartment complex, an autonomous management body is an autonomous management body organized by the occupants. 2) A construction design for the Defendant Company (hereinafter “Defendant Company Construction Design”) (hereinafter “Defendant Company Construction Design”) is to newly construct and sell the apartment complex in this case, and for this purpose, a truster is a company that has entered into a contract for land trust with the Defendant Han Asset Trust Co., Ltd. (hereinafter “Defendant One Asset Trust”) by designating the truster as the Defendant Company Construction Design and trustee as the Defendant Han Asset Trust.

3) The Defendant Han Asset Trust is the project undertaker who constructed and sold the instant apartment building, and Defendant GaS Construction Co., Ltd. (hereinafter “Defendant GaS Construction”).

(4) The Defendant Housing and Urban Guarantee Corporation (Korea Housing and Urban Guarantee Corporation pursuant to Article 4 of the Addenda to the Housing and Urban Fund Act, the name of Korea Housing and Urban Guarantee Corporation was changed to that of the Housing and Urban Guarantee Corporation; hereinafter referred to as the “Defendant Corporation”) guaranteed the repair of the defects in the apartment of this case, regardless of whether it was before or after the change of the name.

B. On September 18, 2012, the instant trust contract was concluded with the Defendant Construction Design and the Defendant Han Assets Trust (hereinafter “instant trust contract”) on the following grounds: (a) on September 18, 2012, the instant apartment site was entrusted to the Defendant Han Assets Trust; and (b) on the instant apartment site, the sale-type land trust contract with the content that the instant apartment was built on the instant apartment site and sold in lots

The key contents are as follows. ① Article 1 (Trust Purpose) A (Defendant Construction Design) is the land listed in the attached Table 1 (the instant apartment site is entrusted to the Defendant One Asset Trust; and

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