logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.01.20 2015나2054552 (1)
소유권이전등기
Text

1. In the judgment of the court of first instance, the part concerning the claim for ownership transfer registration shall be modified as follows:

The defendant is against the plaintiff 19.

Reasons

1. Basic facts

A. The Defendant (the name before the change on July 1, 2015: the Korea Housing Guarantee Co., Ltd.) concluded a housing sale guarantee agreement with the terms and conditions as follows (hereinafter “instant terms and conditions”) with respect to the sales business of B Co., Ltd. (hereinafter “B”) on October 27, 2006 and B, as to the instant apartment and 110 lots D apartment (hereinafter “instant apartment”).

(hereinafter “this case’s guarantee agreement”). The definitions of terms used in the terms and conditions in Article 1 (Adjustment of Terms) are as follows:

1. “Guarantee Company” means the Korea Housing Guarantee Company;

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 that the Guarantee Company notifies the Guarantee Creditor of the suspension of payment of the occupancy deposit or the change in the account for payment of the occupancy deposit due to any of the following causes:

Where the principal debtor is deemed unable to execute a housing unit sale contract due to dishonor, bankruptcy, etc., the Guarantee Company of Article 3 (Contents of Guarantee Obligation) bears the responsibility to refund the down payment and intermediate payment paid, where the principal debtor becomes unable to execute a sales contract due to a guarantee accident pursuant to Article 106 (1) 1 (a) of the Enforcement Decree of the Housing Act.

Article 4 (Payment of Non-Performance of Guarantee, Remaining Occupancy Fees, etc.) (1) The Guarantee Company shall not discharge any guaranteed obligation for any of the following obligations:

13. Compensation for delay where the primary debtor fails to move in within the scheduled date for occupancy specified in the announcement of invitation of residents.

arrow