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(영문) 부산지방법원 2013.11.21 2013가합8024

계약금반환

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

(a) Conclusion of a contract for the guarantee of sale in lots 1) The defendant and the corporation of Liz (hereinafter referred to as "Koreaiz");

A) On December 1, 2006, the apartment house B (hereinafter referred to as “instant apartment”) executed on December 1, 2006 by the Gangseo-gu Busan Metropolitan Government on December 2, 200.

(C) The sales guarantee contract for the newly constructed construction (number C: hereinafter referred to as the “instant sales guarantee contract”).

(2) The sales guarantee contract of this case as of November 30, 2006 and August 31, 2009, respectively set forth under Article 106(1)1 (a) of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 19935, Mar. 16, 2007) (amended by Presidential Decree No. 19935, Mar. 16, 2007) is as follows:

1. Guarantee for parcelling-out: The following guarantees provided where the housing are built by the project undertaker (including the joint project undertaker under Article 12) by obtaining approval of a project plan pursuant to the main sentence of Article 16 (1) of the Act or Article 16 (3) of the same Act (including the subsidiary facilities and welfare facilities; hereafter the same shall apply in this Article), or where the housing with 20 or more households and the facilities other than the housing are built as a same structure without obtaining approval of a project plan pursuant to Article 15 (2) (where the housing with 20 or more households and the facilities other than the housing are built as a same structure without obtaining approval of a project plan pursuant to

(a) Housing parcelling-out guarantee: Housing parcelling-out (use inspection or approval for use under Article 22 of the Building Act) where a project undertaker becomes unable to execute a parcelling-out contract due to reasons, such as bankruptcy;