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(영문) 서울중앙지방법원 2018.07.13 2016가합543285
손해배상(기)등
Text

1. The plaintiff's lawsuit against the construction of Shee Co., Ltd. shall be dismissed.

2. The Plaintiff:

A. Defendant Korea Asset Trust.

Reasons

Basic Facts

The status of the parties is the autonomous management organization that consists of occupants in order to manage five and 236 households and their ancillary facilities (hereinafter “instant apartment”) of the Yang-gu, Yangpo-gu, Yangpo-gu, Yangpo-gun, Yangpo-gu, Yangpo-gu, Yangpo-gu. 13.

On September 17, 2009, the Defendant Korean Asset Trust concluded a land trust agreement between Defendant LAW and Defendant LAW and Defendant LAW with the trustee, Defendant LAW’s truster, and Defendant LAW’s construction as a management-type construction contractor (hereinafter “instant trust agreement”) and entrusted the instant apartment site. Defendant LAW signed a contract with Defendant LAW on June 30, 2009 (hereinafter “instant contract”). The instant apartment site is a company that was executed under a contract with Defendant LAW and the instant apartment construction.

In around 2010, the Defendant’s land trust concluded a succession contract with the content that the status of the contractor shall be succeeded from Defendant LAWnB oil, Defendant LAWn Construction, and the status of the contractor under the instant contract, and that if the instant trust contract is terminated, the status of the contractor shall be reverted to Defendant LAWn oil.

As the seller of the instant apartment, the Defendant’s assets trust was the truster of the instant apartment as the seller, and the Defendant’s construction, as the contractor, concluded a sales contract for the instant apartment with the buyer of the instant apartment as the contractor.

(2) On December 3, 2012, the Defendant Guarantee Corporation entered into a contract for the warranty of defects (hereinafter “each guarantee contract of this case”) with the Defendant Shee Construction to assume the responsibility for warranty for the defects after the inspection on the occurrence of the instant apartment. On December 3, 2012, each of the warranty contracts as indicated in the table below is to be entered into with the head of Yang-gu Gun who has the authority for inspection on the execution of the instant apartment.

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