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(영문) 부산고등법원 2014.09.25 2014나50005

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 apartment house B (hereinafter “instant apartment”) executed on December 1, 2006 by the Gangseo-gu Busan Metropolitan Government on December 2, 2006.

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 the plaintiffs' claim amount table and the contract for the sale of each unit and unit apartment as stated in the plaintiffs' claim amount table among the apartment of this case (hereinafter the plaintiffs referred to as the "contract for the sale of this case" as the common name of the contract for the sale of each unit and unit apartment as stated in the above table "payment date" as stated in the above table (the last payment date if the contract money is paid in installments) with the contract deposit as the contract deposit for the above unit sale, or received the approval from the parties who signed the contract for the sale of this case as the contract deposit with the Hannz as stated in the above table as the contract for the sale of this case.

2.0.