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(영문) 부산고등법원 2015.07.23 2014나50944
분양대금반환등
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. 1) Conclusion of a contract on the guarantee of sale in lots between the Defendant and the corporation (hereinafter “Korea”)

(C) On December 1, 2006, the apartment house of this case (hereinafter “instant apartment”) is executed on December 1, 2006 by the Gangseo-gu Busan Metropolitan Government on December 2, 2006

As to the newly constructed construction, the housing sale guarantee contract (a guarantee number: D; hereinafter referred to as the "sale guarantee contract of this case") set on August 31, 2009 on the date of commencement from the date of approval for the public announcement of invitation of the guarantee period to the date of registration of ownership preservation (including the usage inspection) from the date of approval for the public announcement of the public announcement of the invitation of the guarantee period, November 30, 2006 to the date of commencement, and August 31, 2009.

(2) The main content of the instant sales guarantee agreement is that the Defendant is liable for the payment of the down payment and the intermediate payment paid by the buyer in the event that the principal debtor becomes unable to execute the sales contract due to the security accident pursuant to Article 106(1)1(a) of the Enforcement Decree of the Housing Act.

3) Terms and conditions of the instant parcelling-out guarantee agreement attached to the instant parcelling-out guarantee agreement (hereinafter “instant parcelling-out guarantee agreement”).

(B) The main contents of the sales contract are as indicated in the attached Form No. 1. B. The Plaintiff entered into the sales contract of this case from Driz on August 31, 2007 with the content that the Plaintiff would purchase at KRW 43,620,00 (including each option contract amount of KRW 3,360,000 (hereinafter referred to as the "sale contract of this case") among the apartment of this case and the payment of KRW 43,620,00 (including each option contract amount of KRW 3,360,000) as the down payment (hereinafter referred to as the "sale contract of this case") from Driz as stated in the attached Form No. 416,502 and 611, 502, among the apartment of this case, and paid as the intermediate payment of the sales contract of this case with each money loaned in the form of "date of loan" as stated in

2) At the time of entering into the instant sales contract, Kiz’s threeme projects (i.e., the apartment of this case) through the sales contract purchaser’s wale, video promotional materials, etc. (i., the United States school.

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