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(영문) 부산지방법원 2014.02.19 2012가합8164
분양대금반환등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. (1) On December 1, 2006, Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Association”) entered into a housing sale guarantee contract (hereinafter “instant housing sale guarantee contract”) with respect to the construction and sale of the second (C, D, E) F apartment (hereinafter “instant apartment”) in Busan Gangseo-gu and 2 lots of land, which was implemented by Korea Housing Association on December 1, 2006.

(2) The sales guarantee contract of this case, which is stipulated as of November 30, 2006 from the date of commencement to the date of registration of ownership preservation (including the usage inspection) from the date of approval for the invitation of occupants of the guarantee period to the date of commencement, and the date of usage inspection (pre-use inspection) August 31, 2009, is governed by 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) (i) the types of guarantee and guarantee fees that the Korea Housing Guarantee Company may carry out under Article 77 (1) 1 of the Act are 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 the Building Act, where a project proprietor becomes unable to execute a parcelling-out contract due to causes, such as bankruptcy;

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