청약금 반환 청구의 소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Defendant’s name was changed from the “F Area Housing Association” to the “B Area Housing Association” on May 29, 2017.
(hereinafter referred to as the “Defendant Association”) is a regional housing association established to carry out a new project of constructing a regional apartment housing association (hereinafter referred to as the “instant project”) in Ulsan-gu and 52 lots of land outside Ulsan-gu, Ulsan-gu pursuant to the Housing Act and its Enforcement Decree, and Defendant C is an agent for the implementation of the instant project.
[Ground of Recognition] Facts without dispute, Gap 1, Eul 1-1, Eul 1-2, 3, Eul 2, and the purport of the whole pleadings
2. The plaintiff's assertion
A. From 2014 to 2015, the Plaintiff entered into an offer contract on behalf of the Defendants (hereinafter “instant subscription contract”) on behalf of the Defendants as to each unit of apartment that becomes the object of sectional ownership among the apartment units to be newly constructed according to the instant project, and remitted the subscription amount of KRW 744,000,000 (i.e., KRW 12,000,000 x 62 x 62) to the accounts designated by the Defendants or the Defendants.
B. Of the above 62 persons, the Plaintiff acquired the status of the subscriber from 23 persons who want to withdraw the subscription, and the Plaintiff expressed his/her intent to withdraw the subscription of 23 cases of the subscription contract of this case upon the delivery of a duplicate of the complaint of this case. Thus, the Defendants are jointly and severally liable to pay the Plaintiff the subscription amount of KRW 276,00,000 (i.e., 12,00,000 x 23 rooms) and damages for delay.
3. Determination
A. According to the statements of Gap 2, 3, Gap 4-1 through 22, and Gap 5, 22 subscribers including the plaintiff, from December 20, 2014 to January 28, 2015, 264,000 won (i.e., 12,00,000 x 22 x 22 x c) were forwarded to the account under the name of Eul, and the subscription was issued by Eul (hereinafter referred to as "the subscription of this case"), and the facts stated "F Area Housing Association" at the end of the subscription of this case can be acknowledged, but the evidence mentioned above and the purport of Gap 1 as a whole is as follows.