분양대금반환 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant entered into a contract with a regional housing association on October 29, 201 with a cooperative that promotes a project for constructing a apartment of 138 households A, Dongjak-gu Seoul Metropolitan Government District Housing Association, and entered into a loan agreement with B on October 24, 201, the Plaintiff entered into a loan agreement with a loan limit of KRW 317,226,00 with a loan limit of KRW 317,226,00, and the Korea Housing Finance Corporation guaranteed the above intermediate payment loan.
B. In accordance with the above part payments loan agreement, the Plaintiff paid KRW 105,742,00 in total,00,00 in the first part payment of October 24, 2012 and the second part payment of KRW 52,871,00 on November 13, 2012, and the Plaintiff received from the Korea Housing Finance Corporation (i.e., 110,013,888 won as the principal and interest on the above loan (i.e., the loan principal of KRW 105,742,00,00 from November 5, 2014 to January 5, 2016).
C. B did not perform the obligation to pay the third and fourth intermediate payments pursuant to the contract to join the said regional housing association, and the Defendant passed a resolution on September 9, 2013 with respect to the expulsion of union members. B filed a lawsuit against the Defendant as Seoul Central District Court 2014Gahap2735, but the said court rendered a judgment dismissing B’s claim on October 16, 2014, and the said judgment became final and conclusive on November 6, 2014.
Article 9(2) of the above regional housing association subscription agreement provides that “B shall refund only the balance calculated by deducting the prescribed joint contributions from the contributions paid by B, only if the new members who succeed to the rights and obligations of B and the new members who join the association and paid contributions made by B are fully paid by the new members, but the business promotion expenses shall not be refunded.”
E. At the time of the above intermediate payment loan contract, B shall be the intermediate payment out of the claim for refund of the sale price to the defendant upon the termination of the above regional housing association subscription contract.