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(영문) 서울고등법원 2016.06.07 2015나2069349
손해배상(기)
Text

1. Of the judgment of the court of first instance, the parts against the plaintiffs (appointed parties), designated parties, and the defendant shall be modified as follows:

Reasons

1. Basic facts

A. The parties’ status 1) Plaintiff (Appointed Party) and Nonparty C (hereinafter “instant building”) in the list of the appointed parties and the list of household repair expenses by household” attached Form 1 “B” are the multi-unit building of D detached Housing in Yeongdeungpo-gu, Young-gu, G (hereinafter “instant building”).

) Each heading office of the U.S. Co., Ltd. (hereinafter referred to as “new DNA”)

2) The new construction company of Sejong Construction Co., Ltd. (hereinafter referred to as the “ Sejong Construction Co., Ltd.”) is the joint executor of the new construction and sale of the instant building, and the joint executor of the new construction and sale of the instant building is the joint executor of the new construction and the construction of the new construction.

3) The Defendant is a corporation whose purpose is to guarantee the sale of a house built and supplied by a project proprietor, to guarantee the repair of defects, and to implement the above guarantee under the Housing Act. (b) On October 17, 2006, the Defendant entered into a housing sale guarantee contract with the new construction of the instant building, which is executed by a new DNA and Sejong Construction (hereinafter “instant housing sale guarantee contract”). On October 17, 2006, the Defendant entered into a housing sale guarantee contract with the content that the guarantee amount for the new construction of the instant building shall be KRW 34,912,00,000, and the guarantee period shall be determined by the date of approval for the announcement of invitation of occupants (including the usage inspection) from the date of approval for the announcement of invitation of occupants, the guarantee creditor, the primary debtor, and the housing sale guarantee contract with the content that the guarantee for the sale of lots is to guarantee the sale of lots

2) The terms and conditions of the housing sales guarantee incorporated into the instant sales guarantee contract (hereinafter “instant sales guarantee terms and conditions”).

The main contents of Article 1 (Definitions of Terms) are as follows:

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 right to purchase a house) with the primary debtor for the business specified in the certificate;

4. The term "guarantee incident" means an account for the suspension of payment or the payment of occupancy fees to the guarantee creditor due to any of the following causes:

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