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(영문) 수원지방법원 2018.01.11 2017가단24829
양수금
Text

1. The defendant shall be the plaintiff.

A. From January 1, 2015 to June 8, 2015, for KRW 26,725,893 and KRW 1,646,807 among them.

Reasons

1. Basic facts

A. C Co., Ltd. and Korea Housing Guarantee Co., Ltd. 1) C (hereinafter “C”)

Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee”) on November 29, 2006

BBB Between C and C, by constructing seven units of apartment and accessory facilities of the 345 units of the 7-dong 345 unit on the plot of land owned by it, for sale in lots, or by managing, selling and disposing of trust real estate (including the transfer of ownership on land or housing) with a view to fulfilling a sale guarantee if C is unable to carry out the sale in lots;

hereinafter the same shall apply.

(2) On November 29, 2006, the Korea Housing Guarantee Co., Ltd issued a housing sale guarantee certificate to C on November 29, 2006, and the ownership transfer registration was completed in the name of the Korea Housing Guarantee Co., Ltd in relation to the above land.

B. On March 31, 2009, prior to the scheduled completion date of the sale contract for the apartment as to the above apartment, the approval for the use of the Yongsan market was granted on January 22, 2010. 2) On January 15, 2009, some of the buyers of the above apartment units were entitled to claim the return of the sale price due to the cancellation of the sale contract when the new construction was delayed, and on September 15, 2009, the registration of preservation of ownership was completed on the whole section of the above apartment units under the name of C as well as the provisional attachment decision (Seoul Central District Court 2009Kadan6950, 2009Kadan7030), and thereafter the provisional attachment registration was completed, and thereafter the decision of compulsory decision of compulsory sale was rendered on the part of the above apartment unit.

On February 26, 2010, Korea Housing Guarantee Co. 3, 2010, when it was impossible for C to carry out the housing purchase contract concerning the above apartment due to the provisional attachment and application of auction by the buyers, the occurrence of the guaranteed accident.

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