logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원순천지원 2017.12.20 2014가합13007
분양대금 잔금 청구의 소
Text

1. The Plaintiff:

A. The remainder of the sale price is No. 1, Defendant A and B, as shown in [Attachment 2].

Reasons

1. Basic facts

A. The status E Co., Ltd. (hereinafter “E”) is an executory company that newly constructs and sells G apartment on the 110 parcel of land, F in the 10th century and G apartment (hereinafter “instant apartment”). The Defendants are the buyer who purchased each of the relevant apartment units in the attached Form 2 “Dong” and “Noh” column from E (hereinafter “each of the instant units”) or the successor who acquired the status of the buyer, and the Plaintiff is the guarantee company that guaranteed the sales contract between E and the Defendants.

B. 1) The Plaintiff between the Plaintiff and E, etc.: (a) on October 27, 2006, the guaranteed amount is KRW 121,831,710,000; (b) the scheduled date of usage inspection is March 31, 2009; (c) the guarantee period is from the approval date of the public announcement of the invitation of occupants to the date of preservation of ownership (including the usage inspection); and (d) the guarantee creditor is the prospective occupants, respectively; and (e) in the event that E fails to perform the obligations under the sales contract on the instant apartment due to default, etc., refund the down payment and the intermediate payment already paid to the buyer who is the guarantee creditor or perform the sales obligation of the relevant apartment (hereinafter “sale guarantee contract of this case”).

(2) The main contents of the terms and conditions of the housing sale guarantee (hereinafter “instant terms and conditions of sale guarantee”) contained in the instant housing sale guarantee agreement are as follows.

Article 1 (Definition of Terms) The definitions of terms used in this Clause shall be as follows:

4. The term "guarantee incident" means the case where the Guarantee Company notifies the guaranty creditor of the suspension of payment of the occupancy deposit or the change of the account for payment of the occupancy deposit due to any of the following causes:

(hereinafter omitted)

(a) Where the primary debtor is deemed unable to execute the housing sale contract due to a default or bankruptcy;

(b) The execution rate confirmed by the supervisor shall be the primary debtor at the scheduled progress rate;

arrow