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(영문) 수원지방법원 2016.12.07 2015가단38039

양수금

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1. The Defendant’s KRW 12,210,60 for the Plaintiff and KRW 5% per annum from June 26, 2015 to December 7, 2016.

Reasons

1. Evidence No. 1 through 9, and the purport of the whole pleadings;

A. On November 29, 2006, the Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) entered into a housing trust agreement with the Korea Housing Guarantee Co., Ltd. and the Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) with the Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) to build the apartment and accessory facilities of 345 units on seven and 26 units owned by the Korea Housing Guarantee Co., Ltd., to sell in lots, or to sell in lots, if Korea Housing Co., Ltd. is unable to carry out the sale contract, the Korea Housing Guarantee Co., Ltd. shall manage, sell in lots and dispose of the trust real estate (including the ownership transfer of the land or housing; hereinafter the same shall apply) with the purpose of performing the sale guarantee, and the Korea Housing Guarantee Co., Ltd. shall acquire the above land without delay after entering into a trust agreement, and the person designated by the Korea Housing Guarantee Co., Ltd. shall file an application for the registration of ownership transfer or trust due to the land, and file an application for the bankruptcy guarantee or trust.

(2) On November 29, 2006, the Korea Housing Corporation issued a house sale guarantee for the Han River Construction, and the ownership transfer registration was completed in the name of the guarantee for the land.

B. The refund performance (1) the above apartment complex was approved on January 22, 2010 by the Yongsan-si market after the expiration of March 31, 2009, which was the first scheduled date for completion of the new apartment complex.

(2) the above apartment due to the delay of construction.