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(영문) 부산지방법원 2014.02.19 2012가합22054
분양대금반환등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

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 sales guarantee contract”) with respect to the construction and sale of the C Apartment (hereinafter “instant apartment”) executed by Korea Housing Association in Busan Gangseo-gu and two parcels (hereinafter “instant apartment”).

(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 referred to in Article 22 of the Building Act) where a project undertaker becomes unable to execute a parcelling-out contract due to causes, such as bankruptcy;

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