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(영문) 수원지방법원 2016.10.20 2016가단833
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 36,142,243 and the interest rate of KRW 15% per annum from December 19, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. Hanwon Construction Co., Ltd. (hereinafter “ Hanwon Construction”) is a contractor of the instant apartment construction project to newly construct and sell the 7-dong and 345-household C apartment (hereinafter “instant apartment”) on the land of Hanwon-si, Hanwon-si (hereinafter “instant previous land”). The Sungwon Construction Co., Ltd. (hereinafter “Dawon Construction”) is a contractor of the instant apartment construction project contracted from Hanwon-si Construction.

B. Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) issued a housing sale guarantee from Korea Housing Guarantee Co., Ltd. on November 29, 2006, and concluded a housing sale trust contract with respect to the instant previous land and the instant apartment to be newly built on the ground, and completed the registration of ownership transfer in the name of Korea Housing Guarantee Co., Ltd. as to the said land.

C. When the construction of the instant apartment was delayed due to the shortage of funds, etc., the construction of the instant apartment was delayed, and some of the buyers of the instant apartment on September 15, 2009 completed the provisional attachment registration as to the whole section of exclusive ownership of the instant apartment on September 15, 2009, and the compulsory auction procedure was conducted upon the decision to commence compulsory auction with the Suwon District Court D on February 23, 2010 and the Suwon District Court E on September 13, 2010 with respect to the said section of exclusive ownership.

(hereinafter “instant compulsory auction”). D.

On February 26, 2010, Korea Housing Guarantee judged that the guarantee accident occurred with respect to the apartment site of this case, and on April 24, 2010, the seller selected the repayment by the method of implementing the Housing Sale Guarantee and refunded the sales price to the buyer by February 14, 201.

E. On February 9, 2010, the previous land was incorporated into, and registered as, the Korea Housing Guarantee Co., Ltd. on February 23, 2012, for the completion of the land development project (hereinafter “instant land”).

F. Meanwhile, this case.

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