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(영문) 부산지방법원 2019.01.25 2018구합1085
정보공개거부처분취소
Text

Among the lawsuits in this case, Paragraph 1, (3), (4), (5), and (6) of the attached Table 1 of the Information Disclosure List shall be stated.

Reasons

Details of the disposition

On December 1, 2006, the Defendant and B Co., Ltd. (hereinafter “B”) entered into a housing sale guarantee contract (hereinafter “instant sales guarantee contract”) with respect to the new construction and sale of the Gangseo-gu Busan Metropolitan Government C Apartment (hereinafter “instant apartment”) implemented by B on December 1, 2006.

The purpose of the sales guarantee contract of this case is to guarantee the performance of the sales contract of this case as the main debtor B, the secured creditor, the secured creditor, the secured creditor, the amount guaranteed 541,160,750,000 won, the registration date of preservation of ownership (including the usage inspection) from the approval date of the public announcement of the public announcement of the expiration of the guarantee period to November 30, 2006, the date of commencement of the pre-use inspection (pre-use inspection) and August 31, 2009, respectively, and where B becomes unable to perform the sales contract of this case due to the waiver of insolvent bankruptcy project, etc., the defendant

The main contents of the terms and conditions of the sale guarantee agreement of this case (hereinafter “instant sale guarantee agreement”) are as follows.

Article 1 (Definitions of Terms)

1. “Guarantee Company” means the Defendant;

2. The term “principal debtor” means the executor as described in the letter of guarantee.

3. The term "guarantee Creditor" means a person who has entered into a contract for the sale of a house (including the transferee of the sale of a house) with the primary debtor for the business stated in the certificate;

4. The term "guarantee incident" means a case where the Guarantee Company notifies the guaranty creditor of the suspension of the payment of the occupancy deposit or the change in the account for the payment of 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 bankruptcy or renunciation of its business, etc., the guarantee company under Article 3 (Contents of Guarantee Obligations) shall pay the down payment and intermediate payment paid where the principal debtor becomes unable to execute the sales contract due to a guarantee accident pursuant to Article 106 (1) 1 (a) of the Enforcement Decree of the Housing Act.

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