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(영문) 대구지방법원 2019.03.21 2018가합200024

분양보증이행

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1. The Defendant’s KRW 350,350,000 as well as 6% per annum from June 27, 2018 to March 21, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On December 30, 2006, the Plaintiff changed the name of the parties to C Apartment on the land outside Gangseo-gu Busan and 2 lots (after that, D apartment).

hereinafter referred to as “the apartment of this case”

(E) E Co., Ltd. (hereinafter referred to as “E”) as a new project implementer.

B) As between the above apartment subparagraph F (hereinafter referred to as the “instant real estate”)

2) As to the sales contract for the instant sales contract (hereinafter “instant sales contract”).

(2) The Defendant is a corporation established under the Housing Act to protect a contractor for housing sale, promote housing construction, and contribute to improving the housing welfare of the people by providing various guarantees for housing construction. The name of Korea Housing Guarantee Corporation, which is a corporation established under the Housing Act, is changed pursuant to Article 4 of the Addenda to the former Housing and Urban Fund Act (Act No. 12989, Jan. 6, 2015).

B. 1) On December 1, 2006, the Defendant and E enter into a housing sale guarantee contract for the instant apartment construction and sale business (hereinafter “instant sales guarantee contract”)

The main contents of the terms and conditions of the sale guarantee contract of this case (hereinafter referred to as the “sale guarantee agreement of this case”) are as follows: (a) the principal debtor E, the secured creditor, the secured creditor, the secured creditor, the secured creditor, the security deposit amount of KRW 541,160,750,000 from the approval date of the invitation of occupants, the registration date of preservation of ownership (including the usage inspection) from the approval date of the invitation of occupants, and the sale guarantee contract of this case, which is stipulated as August 31, 2009 from the date of commencement of the pre-use inspection (pre-use inspection) and the date of August 31, 2009, are as follows.

Article 3 (Contents of Guarantee) of the Terms and Conditions for Sale Guarantee of this case shall be the Guarantee Company Article 106 of the Enforcement Decree of the Housing Act.