분양계약해제에 따른 분양대금반환
Among the judgment of the first instance, the part against the plaintiff corresponding to the money ordered to be paid shall be revoked.
The defendant.
Basic Facts
A. The “(tentative) Regional Housing Association” is an organization established for the purpose of the establishment of the defendant, and the defendant is a housing association established to construct multi-family housing in Seongbuk-gu Seoul Metropolitan Government Seoul pursuant to the Housing Act to sell it to its members.
B. On June 5, 2014, the Plaintiff entered into a contract with a regional housing association (tentative name) under which the Plaintiff joined the Defendant’s membership and subsequently constructed a household (Dho Lake and exclusive area of 59 square meters) among multi-family housing units (hereinafter “instant contract”).
The contract of this case was drafted with the title "written promise to join the association", and the main contents are as follows.
2. “The request of the members of the (tentatively named) B Housing Association on the basis of this certification shall be duly accepted and substituted by a subsequent supply contract (Provided, That the first down payment and agency fee already paid at the time of termination or renunciation shall not be refunded).”
3. Due to the characteristics of the regional housing association, this project plan may be somewhat modified in the course of subsequent authorization and permission, and in this case, promise to comply with the modified project plan.
5. The agency expenses shall be agreed to utilize by the agent.
(Acting Expenses shall be the same as the project cost.)
7. The applicant for joining the partnership shall not raise any objection to the agent, E, and expected contractor with respect to the amount not refunded.
C. The Defendant obtained authorization for the establishment of a housing association from the head of Seongbuk-gu Seoul Metropolitan Government on December 31, 2015, following the inaugural general meeting. The main contents of the Defendant’s covenant are as follows.
Article 10 (Rights and Duties of Members) (2) Members shall have the following obligations:
2. Article 12 (Withdrawal, Disqualification, Expulsion, etc. of Members) (1) No member may withdraw voluntarily;
Provided, That a cooperative shall be comprised of its members due to unavoidable reasons.