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(영문) 부산고등법원 2014.09.25 2014나50012
매매대금반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

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”)

On December 1, 2006, the Gangseo-gu Busan apartment (hereinafter referred to as the “instant apartment”).

(3) As to the newly constructed construction, the housing sale guarantee contract (a guarantee number: N. N. hereinafter referred to as the “sale guarantee contract of this case”) set out on August 31, 2009 on the date of commencement from the date of approval for the public announcement of the public announcement of the guarantee period to the date of registration of ownership preservation (including the usage inspection) from the date of approval for the public announcement of the public announcement of the public announcement of the guarantee period; the date of commencement to November 30, 2006;

(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 contract are as shown in attached Form 2. (B) The plaintiffs concluded the contract for the sale of each unit and unit apartment as stated in attached Table 1 and the contract for the sale of each unit and unit apartment as stated in attached Table 1 (hereinafter referred to as the "contract for the sale in this case by referring to the contract for the sale in this case") among the apartment of this case from Korea Liz, and received the approval of Korea Liz by succeeding to their rights and obligations under the contract for the sale in this case as the down payment as stated in the above table on each date (referring to the last payment date if the contract money is paid in installments).

2. When the instant sales contract was concluded.

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