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(영문) 창원지방법원 2013.07.26 2012가단70671
사용료
Text

1. Defendant A: (a) KRW 6,320,276 for the Plaintiff; (b) KRW 89,805 for the Defendant B; and (c) Defendant C and D for each of KRW 5,263,290 for the Plaintiff; and (b) March 2012 for the Plaintiff.

Reasons

1. Facts without dispute;

A. On June 12, 1997, when the housing project mutual aid association, which is the Plaintiff’s telegraph, purchased G apartments (hereinafter “instant apartments”) newly built on the land of Non-party 2,422 square meters and above 5 lots in Kimhae-si, G apartments (name change to H apartments; hereinafter “instant apartments”), the housing project mutual aid association, which is the Plaintiff’s telegraph, made a guarantee for the sale of housing, with the content that it is responsible for the refund of the down payment and intermediate payments paid by the buyer of the housing in accordance with the relevant sales contract, or for the performance of the sale

B. However, the construction of the instant apartment was suspended due to the bankruptcy. On June 29, 1998, the Plaintiff concluded a business succession contract with the Non-Party Bag Construction Co., Ltd. (hereinafter “Bagsan Construction”) and ordered the Bag Construction to execute the remaining construction and sale of the instant apartment, and made a guarantee for sale of housing, such as the conclusion of the contract with the Magsan Construction on the Magsan Construction.

C. However, as long as long as long-term construction was in accordance with the bankruptcy around October 199 and it was impossible to proceed with the new construction of the instant apartment, the Plaintiff, among the terms and conditions of the sale guarantee agreement, was to perform the guaranteed obligation by the "performance of the sale in lots" method, completed the new construction directly after the completion of the new construction, and completed the inspection on June 2, 2004, and completed the registration of ownership preservation for the entire apartment of this case on July 6, 2004.

The apartment site of this case includes ① F. 2,422 square meters, ② I. 7,534 square meters, ③ J. 587 square meters, ④ K. 284 square meters, ⑤ Land 13,231 square meters of five lots of five lots of five lots of five lots of five lots of 2,404 square meters (hereinafter “net Nos. 1 through 5 or each land of this case”) which correspond to the apartment site of this case, for the above Nos. 2 through 5 of the above Nos. 41853, Jun. 29, 198, after the completion of the registration of the transfer of the ownership, it was caused by the trust in the name of the housing mutual-aid trust of the corporation under the Act No. 41855, Jun. 29, 1998.

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