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(영문) 서울중앙지방법원 2014.10.23 2013가합546344

계약금 등

Text

1. The defendant A regional housing association:

A. A list of the sales price in attached Form 2 to the rest of the plaintiffs except the plaintiffs D and E.

Reasons

1. Basic facts

A. Defendant A regional housing association (hereinafter “Defendant housing association”) as the Defendants is a regional housing association that obtained authorization from the head of Dongjak-gu Seoul Metropolitan Government on November 26, 2008 to establish apartment houses with a total of 452 households on the land located in Dongjak-gu Seoul Metropolitan Government, and B Co., Ltd. (hereinafter “Defendant B”) was a joint project proprietor and a contractor of the instant construction project, who was approved by the head of Dongjak-gu, the head of the Gu on April 1, 2010.

On the other hand, on November 11, 2010, Defendant B entered into a sales guarantee agreement with the Defendant Housing Guarantee Co., Ltd. (hereinafter “Defendant Housing Guarantee Co., Ltd.”), setting the guarantee amount as KRW 94,658,200,00, guarantee period as the prospective occupants, from November 3, 2010 to April 30, 2013, and the guarantee period as follows:

The definitions of terms used in this Clause under Article 1 (Definition of Terms and Conditions) of the Terms and Conditions of Guarantee for Sale of Housing (Revised October 8, 2010; hereinafter referred to as the "Terms and Conditions of Guarantee for Sale of Housing") are as follows:

2. The term “principal debtor” means a project undertaker as described in the letter of guarantee.

4. The term "guarantee incident" means a situation in which it is difficult to expect the execution of a normal housing sale contract of a primary debtor under social norms due to any of the following causes:

Where the primary debtor has any cause, such as bankruptcy bankruptcy business renunciation;

5. The term “Guarantee Accident Date” means the date designated as the Guarantee Accident Date by the Guarantee Company after notifying the Guarantee Company of its guidance of accident on the grounds of subparagraph 4 of Article 1.

Article 3 (Contents of Guarantee Obligation) The Guarantee Company shall, in case where the primary debtor is unable to perform a sales contract due to a guarantee accident pursuant to Article 106 (1) 1 (a) of the Enforcement Decree of the Housing Act, sell the house in question or implement it.