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(영문) 부산고등법원 2015.07.23 2014나50951

분양대금반환 등

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1. All of the plaintiffs' claims that have been changed in exchange in the trial are dismissed.

2. After an appeal is filed.

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”)

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

(3) As to the new construction project, the housing sale guarantee contract (guarantee number: E; hereinafter “instant sale guarantee contract”) set out on August 31, 2009 as the date of commencement from the date of 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 of the public announcement of the public announcement of the recruitment of the guarantee period, the date of commencement to November 30, 2006, the date of pre-use inspection (pre-use inspection).

(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”).

The main contents of the sales contract are as indicated in the attached Form No. 1. B. D., 1. D., 408 No. 403, Feb. 21, 2008, 2008, and 2. The Plaintiff B concluded a sales contract with the purchase order of No. 502, May 31, 2007 among the apartment of this case. 14,370,000, and 2, the Plaintiff B paid 18,690,000, respectively.

(2) After concluding a loan agreement with the Co-Defendant 1 Bank of the first instance, Busan, the term "date of loan" in the attached Form No. 2, and then, the term "loan amount" means the intermediate payment of the above sales contract to Korea-U.S. with each money as stated in the attached Form No. 2.