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(영문) 서울고등법원 2015.07.09 2014나2048406
분양보증금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for partial revisions or additions as follows. Thus, it is acceptable in accordance with the main sentence

The part 4-2 of the judgment of the first instance is revised to “each of the instant stores” as “each of the instant houses. The following is added to the 8-15th sentence of the judgment of the first instance. With respect to this, the Plaintiff asserts that the terms and conditions of the instant guarantee agreement apply to the Defendant and the non-party company, and that “a person who is not a normal contractor” under Article 4(1)2 of the terms and conditions should be limited to payment in kind, fraudulent contract, double contract, or any other similar case as shown above. However, in light of the legal principles as to the housing sale guarantee system as seen earlier, it cannot be accepted as the Plaintiff’s independent opinion.

"No. 10-2 of A" shall be amended by "No. 10-2 of A", "No. 16, 24, 25 of the first instance judgment, 9 pages 18 of the first instance judgment."

No "no" shall be referred to as "no" in the 13th sentence of the first instance judgment.

Furthermore, as seen earlier, the Plaintiff constitutes “a person who is not an ordinary contractor” under Article 4(1)2 of the terms and conditions of the instant guarantee agreement, and thus, the Plaintiff was unable to perform the guaranteed obligation from the Defendant, and it is difficult to deem that the Defendant caused considerable damage to the Plaintiff due to the Defendant’s settlement of the guarantee accident.

(a) add ";"

2. Conclusion, the Plaintiff’s claim of this case must be dismissed for lack of reasonable grounds.

The judgment of the court of first instance is justified in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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