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(영문) 부산고등법원 2015.07.23 2014나50982
분양대금반환등
Text

1. All of the plaintiffs' claims that have been changed in exchange in the trial are dismissed.

2. After an appeal is 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”)

(1) On December 1, 2006, the apartment of the second F apartment in the Busan Gangseo-gu Busan Metropolitan Government (hereinafter “the apartment of this case”) executed on December 1, 2006 on December 2, 2006.

(3) As to the newly constructed construction, the housing sale guarantee contract (a guarantee number: AP; hereinafter “instant sales guarantee contract”) set out on August 31, 2009 as the date of commencement from the date of 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 of the public announcement of the public announcement of the recruitment of the guarantee period, the date of commencement to November 30, 2006, and the date of public inspection of use (pre-use inspection).

(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 Table No. 1. The plaintiffs concluded each contract for the sales of each apartment as stated in the attached Table No. 1 and the attached Table No. 1 (hereinafter referred to as the "sale contract of this case") with the Korea Development Bank's purchase of each apartment as stated in the attached Table No. 1, and pay each money as the contract deposit for the sales contract of this case to Korea Development Bank's purchase of each apartment as stated in the attached Table No. 1. 1.

The plaintiffs have entered into a loan agreement with Defendant National Bank, Nonghyup Bank, Korea Bank, Dong Savings Bank, and Busan in the first instance trial on each intermediate payment stated in the "date of loan" in the attached Form No. 1.

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