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(영문) 부산고등법원 2014.09.25 2014나50050

계약금반환

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) Conclusion of a contract on the guarantee of sale in lots between the Defendant and the corporation (hereinafter “Korea”)

(1) On December 1, 2006, the Busan Gangseo-gu apartment (hereinafter referred to as the “instant apartment”) executed on December 1, 2006 on December 2, 2000 Busan Gangseo-gu.

As to the newly constructed construction, the housing sale guarantee contract (guarantee number: C; hereinafter “instant sales guarantee contract”) set out on August 31, 2009 as the date of commencement from the date of approval for the public announcement of invitation of the guarantee period to the date of registration of ownership preservation (including the usage inspection) from the date of approval for the public announcement of the public announcement of the recruitment of the guarantee period, the date of commencement to November 30, 2006, and the date of usage inspection (pre-use inspection) as of August 31, 2009

(2) The main content of the instant sales guarantee agreement is that the Defendant is liable for the payment of the down payment and the intermediate payment paid by the buyer in the event that the principal debtor becomes unable to execute the sales contract due to the security accident pursuant to Article 106(1)1(a) of the Enforcement Decree of the Housing Act.

3) Terms and conditions of the instant parcelling-out guarantee agreement attached to the instant parcelling-out guarantee agreement (hereinafter “instant parcelling-out guarantee agreement”).

(B) The main contents of the contract are as shown in attached Form 3. B. (1) The plaintiffs concluded the contract for the sale of each unit and unit apartment as stated in attached Table 2 of the plaintiffs' claim amount table and the contract for the sale of each unit and unit apartment as stated in attached Table 2 of the apartment of this case (hereinafter referred to as "the contract for the sale of this case" in the names of the plaintiffs' contracts for the sale of each unit and unit apartment as stated in attached Table 2 of this case. The plaintiffs paid each amount of money as the contract deposit for the sale of this case as stated in the above table on each date (referring to the last payment date if the contract money is paid in installments) to Korea-ri's own as the contract deposit for the sale of this case, or received approval from Korea-ri's own.