손해배상(기)
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. In the process of constructing and selling the instant apartment, E Co., Ltd. (the trade name before the alteration is the F Co., Ltd.; hereinafter E) newly constructing and selling the H apartment on the G land, etc. in Ulsan-gun, Ulsan-gun, etc. (hereinafter “instant apartment”), the construction cost of KRW 93.97 billion on May 26, 2006 was determined as the construction cost of KRW 93.9 billion and entered into a construction contract with the Defendant for the construction of the instant apartment.
on July 27, 2006 from the National Federation of Fisheries Cooperatives (hereinafter referred to as the "Federation") entered into a real estate security trust agreement with the Suhyup on July 28, 2006 with respect to the apartment site of this case, and completed the trust registration in several cooperatives.
At the time, the defendant became the second priority beneficiary in the trust contract while jointly and severally guaranteeing the debt of the loan to the Suhyup Cooperative.
B. (i) On February 2, 2007, E entered into the instant housing sale trust agreement with the Korea Housing Guarantee Co., Ltd. (hereinafter the lender), and terminated the said trust agreement with respect to the instant apartment site on the grounds of the reversion of trust property on February 6, 2007, and simultaneously completed the registration of ownership transfer based on the trust in the future of the lender.
According to Articles 4 and 8 of the housing sale guarantee agreement of this case, in the event of a guarantee accident and the lender has decided to place a guarantee to execute by means of sale performance, the person selected by the lender succeeds to the construction, and the buyer has to pay the remaining parcelling-out price to the lender.
E In addition, if it is impossible to continue the construction of the apartment of this case or the sale of the apartment of this case due to inevitable reasons, such as default or bankruptcy on March 9, 2007, the lender shall be liable to guarantee the buyer.