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(영문) 광주지방법원 2015.12.18 2015가합52147
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The status of the parties concerned is that the Defendant Construction Company newly constructs and sells B apartment units on the 110 parcel, not C, at netcheon City, and on the 110 parcel (hereinafter “instant apartment units”). The Plaintiffs are the buyers who purchased each apartment units of this case from the Defendant Construction Company or successors who acquired the status of the buyers. The Defendant Construction Company guarantees the sales contract between the Defendant Construction Company and the buyer.

B. On October 26, 2006, Defendant Construction Co., Ltd. entered into a housing sale guarantee contract with Defendant Guarantee Company, setting the guaranteed amount to KRW 121,831,710,00,00 and the scheduled date of inspection for use on March 31, 2009. In the event that Defendant Construction Company fails to perform its obligations under the instant apartment sales contract for reasons of default, etc., it entered into a housing sale guarantee contract (hereinafter “instant sales guarantee contract”) with the content of refunding the down payment and intermediate payment already paid to the buyer who is the guarantee creditor, or performing its obligations for selling the relevant apartment (e.g., performance). On October 27, 2006, Defendant Construction Co., Ltd issued a housing sale guarantee certificate for the instant sales guarantee contract to Defendant Construction Company on October 27, 2006.

C. On October 24, 2006, in the process of concluding the instant sales guarantee agreement with the Defendant Guarantee Company, the Defendant Guarantee Company issued to the Defendant Guarantee Company a written statement stating that “where the Defendant Construction Company becomes unable to continue its business due to inevitable reasons, such as dishonor, bankruptcy, etc., the Defendant Construction Company shall transfer all rights related to the instant apartment sales under the conditions that the Defendant Guarantee Company bears the responsibility of guarantee to the buyer in accordance with the housing construction-related Acts and subordinate statutes, the terms of sales guarantee, or the rules and procedures within the Defendant Guarantee Company,” and on December 2, 2010, the Defendant Guarantee Company shall be liable for the debt incurred by the Defendant Guarantee Company based on the said written terms and conditions.

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