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(영문) 인천지방법원부천지원 2014.10.24 2014가합962
분양보증금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. B (hereinafter “Nonindicted Company”) Co., Ltd. (hereinafter “Nonindicted Company”) between the Defendant and the Nonparty Company

(D) The main complex building of the name “D” (hereinafter “instant building”) shall be the main complex building on the ground of the Kucheon-gu, Seocheon-si C.

(1) In order to implement the business of building and selling the buildings in units, construction permission was granted from the Busan City Mayor on June 14, 201 (hereinafter “instant construction site”) (hereinafter “instant construction site”).

(2) On November 21, 2011, the Defendant concluded a housing sale guarantee contract with the content that the guaranteed amount as to the housing portion among the instant building, among the Nonparty Company and the instant building, is KRW 10.175 billion, the scheduled date for approval for use, October 31, 2012, and that the secured creditor is the prospective occupants, and that the Defendant bears the responsibility for the performance of the instant building in lots or the repayment of the down payment and the intermediate payment paid to the secured creditor if a guarantee accident occurs to the Nonparty Company.

3) After February 28, 2012, the Defendant concluded a housing sale guarantee contract with the same content as the sales guarantee contract as the sales guarantee contract mentioned in Paragraph (2) of the above Article, setting the guaranteed amount as KRW 1.677,755 million with respect to the officetels part of the instant building and the non-party company and the instant building.

The terms and conditions of the instant guarantee agreement (hereinafter collectively referred to as the “instant guarantee agreement”). 4) The terms and conditions of the instant guarantee agreement are as follows. The definitions of the terms and conditions used in Article 1 (Definition of Terms and Conditions) are as follows: 5. The term “guarantee accident” means a normal housing sale contract for the primary debtor (hereinafter referred to as the “sale contract”) due to any of the following causes:

I speak that it is difficult to expect implementation. A.

Where any cause, such as default, bankruptcy, and waiver of business, occurs to the primary debtor;

(c) where the percentage of implementation is more than 75 per cent as confirmed by the supervisor, the implementation process is delayed for not less than 6 months than the scheduled progress without good cause;

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