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(영문) 대전지방법원 천안지원 2017.01.11 2015가단104653

건물명도

Text

1. Of the instant lawsuit, the part of the claim against Defendant D Apartment Management Body is dismissed.

2. The defendant A and B respectively.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff (formerly: Korea Housing Guarantee Co., Ltd.) is a corporation established under Housing and Urban Fund Act in order to conduct various guarantee business, etc. to promote housing welfare and to support urban regeneration. 2) The Do resident comprehensive construction Co., Ltd. (hereinafter “Do resident-based construction”) is a company that newly constructs and sells a 245-dong 245 apartment on the ground of the Dosan-si and the 12-story above ground (hereinafter “the apartment of this case”).

B. On July 21, 2006, Postal case entered into an agreement between the Plaintiff and the Plaintiff on July 21, 2006, stating that “In the event that the instant apartment construction project cannot continue due to inevitable causes, such as bankruptcy or bankruptcy, the Plaintiff shall assume the responsibility to guarantee the buyer under the condition that the Plaintiff bears the responsibility to guarantee the buyer of the instant apartment construction site, all the rights to the instant apartment, the instant apartment, the instant apartment, the shopping, and the model housing (including the building under construction).” (hereinafter “instant transfer agreement”).

(2) On July 26, 2006, the Plaintiff is not included in the guaranty creditor in the amount of the guaranteed amount of KRW 36,547,700,000 on the well-known case and the newly constructed construction of the instant apartment, and the date of the pre-use inspection (pre-use inspection) June 22, 2006 on the date of commencement, December 31, 2007; the date of registration of ownership preservation (including the pre-use inspection) from the date of approval for the public announcement of the guarantee period; and the number of the pre-sale occupants of the apartment of this case

The contract for the guarantee of the sale of housing was concluded.

3 The construction of the instant apartment was suspended on November 2008 at a level of approximately 85.92% of the progress rate around 2008.

On November 12, 2008, the Plaintiff registered a friendly case as a guarantee-related company and returned the implementation method of the sale guarantee for the buyers around February 2009.