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(영문) 광주고등법원 2020.10.28 2019나22981

분양대금반환 등

Text

The plaintiff's appeal against the defendant B and the conjunctive claim added at the trial and the appeal by the defendant C.

Reasons

Basic Facts

The Defendant and the conjunctive Defendant C Co., Ltd. (hereinafter “Defendant C”) are the implementer of the business that newly constructs and sells “E apartment” (hereinafter “instant apartment complex”) on the Dong-gu, Gwangju-gu and 14 lots of land, Gwangju-gu, and the purchaser of the apartment.

The plaintiff is a person who acquires the status of the buyer of the apartment.

The main defendant B association (hereinafter referred to as the "Defendant B association") is a financial institution that extended part payments to the buyer in accordance with the part payments loan agreement with the defendant C.

On September 2015, Defendant C entered into an agreement on the provision of part payments to the buyer of the apartment complex of this case (hereinafter “instant agreement”) with Defendant B Cooperatives, F Cooperatives, G Cooperatives, and H Co., Ltd., the contractor of the apartment complex of this case, and the buyer of the apartment complex of this case (hereinafter “instant agreement”). Among them, the relevant contents of this case are as follows.

The agreement on the loan of part payments by the buyer (Evidence 12 of the A), Defendant B, F Cooperatives, G Associations (hereinafter referred to as “A”) and the Defendant C (hereinafter referred to as “B”) and the Si Corporation H Co., Ltd. (hereinafter referred to as “A”) shall enter into a business agreement as follows and implement it in good faith:

Article 1(Purpose)The objective of this Convention is to determine the matters necessary for A to implement part payments loans to the buyer (hereinafter referred to as the “contractor”) in relation to the construction of the instant apartment complex in which B enters into force and C performs the construction of the instant apartment complex.

Article 7 (Continuing Guarantee) "B" and "A" guarantee the obligations owed to "A" of "A," in accordance with the following provisions:

(1) "B" and "sick" are jointly and severally liable for the repayment of part payments loans to "A", and in any of the following cases, they shall immediately repay the principal and interest of loan (including damages for delay and incidental obligations; hereinafter the same shall apply):

The cancellation, cancellation, cancellation, invalidation, etc. of the contract for the sale of "fixed".