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(영문) 부산지방법원동부지원 2020.05.14 2019가단213179

분담금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 1, 2017, the Plaintiff and the Defendant refer both to “Defendant” and “Defendant” without distinguishing between “Defendant” and “Defendant’s Promotion Committee. Since the Defendant appears to have succeeded to the rights and obligations under the Defendant’s membership agreement entered into by the Defendant’s Promotion Committee, the Plaintiff and the Defendant are both “Defendant” without distinguishing them.

B. In relation to the Plaintiff’s membership, the Plaintiff entered into a contract with the Defendant to purchase 59m2 of the collective housing units to be newly built in Suwon-gu, Busan (hereinafter “instant subscription contract”) and received a letter of promise to guarantee the core security of the regional housing association (tentatively referred to as “B”).

(hereinafter referred to as the “instant arrangement”). (tentatively, the regional housing association promotion committee promises to carry out the project of the regional housing association in Suwon-gu Busan Metropolitan City on the D Day, and undertakes to refund all the contributions (including agency expenses) paid to the association members upon entering into the agreement of the association members upon the failure to carry out the project.

If an application for authorization to establish a housing association is not made until July 31, 2018 when the land is not secured and the application for authorization to establish a housing association is not made, (tentatively referred to as "B housing association" is treated as the content of the partnership agreement if the subscription is terminated due to the reasons attributable to the association members (short or simple change, etc.) while the project is normally being implemented.

B. The Plaintiff paid KRW 13,200,000 for administrative service charges, KRW 5,000 for the first down payment, KRW 5,000,00 for the first down payment, and KRW 18,000 for the second down payment on November 13, 2017 under the instant subscription agreement.

(hereinafter referred to as the above administrative service cost and the first, second and second down payment shall be referred to as the “instant contribution”).

The Defendant applied for authorization to establish an association on April 16, 2018, and withdrawn on April 20, 2018. The Defendant applied for authorization to establish an association on July 4, 2018, and withdrawn on October 2, 2018. < Amended by Act No. 15037, Jan. 2, 2019>