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(영문) 서울중앙지방법원 2015.07.24 2014가합60977

계약금 및 중도금반환등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a corporation established to promote housing welfare and support urban regeneration revitalization through various guarantee business for housing construction (the title was changed from the Korea Housing Guarantee Co., Ltd. on July 1, 2015 pursuant to Article 4 of the Addenda of the Housing and Urban Fund Act).

(B) B Co., Ltd. (hereinafter “B”).

) The Busan apartment (hereinafter referred to as the “D apartment”) is located on two lots outside Busan Gangseo-gu, Busan.

(E) is the implementer of a new project and is E (hereinafter referred to as “E”).

(2) Around May 2008, F Co., Ltd. (hereinafter referred to as “F”) entered into a supply contract with E and participated in the new construction of D apartment. The Plaintiff is the spouse of G at the time when F was the representative director.

B. 1) On December 1, 2006, the Defendant entered into a housing sale guarantee contract for the new construction of B and D apartment units (hereinafter “instant housing sale guarantee contract”) with the coverage amount of KRW 541,160,750,000, the primary debtor B, the secured creditor, the prospective occupants, and the guarantee period from the approval date for the public announcement of invitation of residents to the registration date of initial ownership preservation (hereinafter “instant housing sale guarantee contract”).

(2) At the time of entering into the instant sales guarantee contract, the main contents of the terms and conditions of the sales guarantee prepared by the Defendant are as follows.

(Article 17(2) of the Agreement on Sale of Housing also states the same purport as Article 4(1)2 of the Agreement on Sale of Housing. Article 1 of the Agreement on Sale of Housing (Definition of Terms)

1. The term “guaranteed Company” refers to the Defendant.

2. The term “principal obligor” means an executor as described in the letter of guarantee.

3. The term "guarantee Creditor" means a person (including the transferee of the right of sale) who has entered into a housing sale contract with the principal obligor for the business stated in the certificate of guarantee;

4. The term "guarantee incident" means the suspension of payment to the guaranty creditor by the Guarantee Company due to any of the following causes: