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1. The Defendant’s KRW 656,00,000 as well as the Plaintiff’s annual 6% from December 20, 2014 to January 22, 2016, and the following.
Reasons
1. Basic facts
A. Status A of the parties 1) A (hereinafter “A”)
) The G apartment (hereinafter “instant apartment”) in the 2nd (D, E, and F block) of the C District located on the land outside Busan Gangseo-gu and 2 lots (hereinafter “instant apartment”).
2) As the implementer of a new project, H Co., Ltd. (hereinafter “H”)
(2) The Defendant is a corporation established pursuant to Article 76 of the Housing Act in order to protect a housing buyer, promote housing construction, and contribute to improving the housing welfare of citizens by providing various guarantees for housing construction.
3) The Plaintiff is a legal entity that completed the registration of incorporation on November 1, 2001 for the purpose of running the banking business prescribed by the Banking Act, and it is a financial institution that treated part of the apartment units in this case to the purchaser of the apartment units in this case. B. The conclusion of the sales guarantee contract 1) the Defendant and A, a construction executor, entered into a housing sale guarantee contract (hereinafter “instant sales guarantee contract”) on December 1, 2006 with respect to the construction and sale of the apartment units in this case.
Article 106 (Types of Guarantee and Guarantee Fees) (1) of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 19935, Mar. 16, 2007) (amended by Presidential Decree No. 19935, Mar. 16, 2007) which was applied at the time of entering into the sales guarantee contract of this case under Article 106 (1) 1 (a) of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 19935, Mar. 16, 2007) (1) The types of Guarantee that the Korea Housing Guarantee Corporation may carry out pursuant to Article 77 (1) 1 of the Act shall be as follows:
1. Guarantee for parcelling-out: Housings, incidental facilities and welfare facilities which are built by the project undertaker (including the joint project undertakers under Article 12) after obtaining approval of the project plan pursuant to the main sentence of Article 16 (1) of the Act or paragraph (3) of the same Article;