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(영문) 창원지방법원 2014.09.25 2013나31643

사용료

Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and all of the plaintiff's claims corresponding to the revocation part shall be revoked.

Reasons

1. Basic facts

A. The construction of the Masan General Construction Co., Ltd. (hereinafter “Masan General Construction”) decided to newly construct G apartment (former name was changed to H apartment; hereinafter “the apartment of this case”) on the 16th land, N in Kimhae-si, Kim Jong-si, and the 16th land.

B. On June 3, 1999, the Housing Business Mutual Aid Association (amended by Act No. 5908 of Feb. 8, 1999, pursuant to Article 5 of the Addenda of the Housing Construction Promotion Act as amended by Act No. 5908 of Feb. 8, 199), concluded a housing sale guarantee contract with the buyer to take responsibility for the refund of the down payment and intermediate payment paid by the buyer or the performance of the sale of the apartment in this case where the sale of the apartment in this case by the Musan General Construction and the sale of the apartment in this case is impossible.

C. Around June 1998, the construction of the apartment of this case suspended the new construction of the apartment of this case. A housing project mutual aid association around that time changed the name of the company that received the right of construction of the apartment of this case from the construction of the 000 integrated mountain construction from the 1998 comprehensive construction to the 00 construction company that received the transfer of the right of construction of the apartment of this case (hereinafter “the 2002 construction”), and entered into a contract on the succession of the new apartment of this case with the 00 construction company that received the transfer of the right of construction of the apartment of this case, and had the 00 construction become the project owner and carried out the remaining construction and the sale of the apartment of this case. Accordingly, the housing sale guarantee for the 00 comprehensive construction of the housing project mutual aid association was succeeded to

As long as long as long-term construction was in default on October 199 and the construction of the apartment of this case was suspended, it was impossible to execute the sales contract for the apartment of this case, the plaintiff, who was comprehensively responsible for the rights and obligations of the Housing Business Mutual Aid Association, completed the registration of initial ownership on July 6, 2004.

E. The site of the apartment of this case is Kimhae-si N.