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(영문) 부산지방법원 2015.01.14 2012가합19942
계약해제에따른원상회복청구등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. (1) On December 1, 2006, the conclusion of the contract on the guarantee of sale in lots between the Defendant and the corporation (hereinafter “Seiz”) entered into a housing sale guarantee contract with respect to the new construction and sale of the Gangseo-gu Busan Metropolitan Government BI apartment (hereinafter “instant apartment”) (hereinafter “instant apartment”).

(2) The sales guarantee contract of this case provides that the Defendant guarantees the performance of the sale of the apartment of this case or the refund of the down payment and the intermediate payment paid by the buyer, respectively, as of November 30, 2006 from the date of approval for the public announcement of the public announcement of the expiration of the guarantee period to the date of preservation of ownership (including the inspection of use) from the date of approval for the public announcement of the public announcement of the public announcement of the expiration of the guarantee period, and as of August 31, 2009 on August 31, 2009 on the date of the pre-use inspection (pre-use inspection).

(3) The main contents of the terms and conditions of the instant parcelling-out guarantee agreement (hereinafter “instant parcelling-out guarantee agreement”) are as follows.

Article 1 (Definitions of Terms)

1. “Guarantee Company” means the Defendant;

2. The term “principal debtor” means the executor as described in the letter of guarantee.

3. The term "guarantee Creditor" means a person who has entered into a contract for the sale of a house (including the transferee of the ownership of a house) with the primary debtor for the business stated in the certificate;

4. The term "guarantee incident" means a case where the Guarantee Company notifies the guaranty creditor of the suspension of the payment of the occupancy deposit or the change in the account for the payment of the occupancy deposit due to any of the following causes:

Where the principal debtor recognizes that a guarantee company is unable to execute a housing sale contract due to bankruptcy, renunciation of its business, etc., the guarantee company under Article 3 (Contents of Guarantee Obligations) has become unable to execute the sales contract due to a guarantee accident under Article 106 (1) 1 (a) of the Enforcement Decree of the Housing Act.

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