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(영문) 서울남부지방법원 2015.10.22 2015가합104252
보증채무금
Text

1. The Defendant: (a) KRW 465,00,000 for each of the Plaintiffs and 6% per annum from January 1, 2011 to May 19, 2015; and (b).

Reasons

1. Facts of recognition;

A. The Plaintiffs are the buyers of Kimpo-si apartment (hereinafter “instant apartment”). The Defendant is a juristic person established for the purpose of protecting the policyholders of housing unit and promoting housing construction by providing various guarantees, etc. relating to the housing construction project, thereby contributing to the improvement of the housing welfare of the people and the balanced development of the national economy. The Defendant’s future Tech loan (hereinafter “Metech”) is the contractor of the instant apartment and the claim for the instant apartment (hereinafter “claim”) are the construction works of the instant apartment.

B. On November 9, 2007, the Defendant entered into a housing sale guarantee contract (hereinafter “instant housing sale guarantee contract”) with the following period: (a) 190,193,680,000 won (the guaranteed amount was reduced to KRW 168,939,680,00, Dec. 18, 2007) with respect to the sale of the instant apartment; (b) the primary debtor’s future tech; (c) the prospective occupant of the instant apartment; and (d) the secured creditor’s pre-user of the instant apartment; and (e) the registration date of ownership preservation (including the usage inspection) from the approval date of the public announcement

Where the Defendant becomes unable to execute the sales contract due to the bankruptcy of future techs pursuant to the sales guarantee contract of this case, the Defendant was responsible for the performance of the sale to the buyers instead of future techs, or the refund of the down payment and the intermediate payment already paid. The main contents of the sales guarantee contract of this case are as follows.

Article 1 of the Terms and Conditions of Guarantee for Sale of Housing (Adjustment of Terms)

4. The term "guarantee incident" means that the Guarantee Company notifies the Guarantee Creditor of the suspension of payment of the occupancy deposit or the change in the account for 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 default on bankruptcy, renunciation of bankruptcy, etc., the guarantee company under Article 3 (Contents of Guarantee Obligations) is unable to execute a 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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