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(영문) 창원지방법원진주지원 2019.11.27 2019가합10012
위약금 등 청구의 소
Text

1. The defendant has to the plaintiffs each relevant money stated in the attached Table 2's "amount of personal seal" and each of them on January 2019.

Reasons

1. The facts below the basis of facts are either in dispute between the parties or in full view of the objectives of Gap's statements and the whole arguments.

A. The Defendant is a company that carries out a new sale project of an apartment with a total of 1295 units of apartment units (hereinafter “instant apartment units”) in the name of “C” in the name of “C”, and the Korea Housing and Urban Guarantee Corporation (the co-defendant of this case was the co-defendant of this case, and the part regarding the Korea Housing and Urban Guarantee Corporation in the instant lawsuit was terminated by the withdrawal of the plaintiffs’ lawsuit) is a company that entered into a housing sale guarantee contract with the Defendant in connection

B. The Plaintiffs concluded a sales contract (hereinafter “instant sales contract”) between the Defendant and the amount indicated in the “supply price” column of the attached Table 2 as to each of the instant apartment units as indicated on the date of the “sale contract date and the date of succession” column of the attached Table 2, with the Defendant as the supply price (hereinafter “instant sales contract”).

(Partial Plaintiff succeeded to the status of the seller from the previous buyer). Of the instant sales contract, the main contents related to this case are as shown in attached Form 3.

C. Since D Co., Ltd., the contractor of the instant apartment construction, was in default on August 2018, the Defendant, from August 2018 to November 2018, 2018, 1% out of the entire process of the instant apartment construction (43% of the progress rate around August 2018, and 44% of the progress rate around November 2018), suspended the instant apartment construction.

The Plaintiffs notified the Defendant of the rescission of the instant sales contract by the instant complaint, and the said notification reached the Defendant on January 17, 2019.

E. On February 18, 2019, the Korea Housing Guarantee Corporation decided a guarantee accident on the ground that the construction of the apartment in this case falls short of the scheduled progress rate, and thereafter notified the buyer of the apartment in this case to exercise the right of choice on the method of performing the obligation to sell or repay the apartment in this case.

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