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(영문) 대전지방법원천안지원 2014.11.05 2014가단5704

분양대금반환

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 February 15, 2012, the Plaintiff is a member of the Defendant B Housing Association (hereinafter “Defendant Association”) that has joined the Defendant B Housing Type C, 101-dong 1104, Dong-gu, Nam-gu, Seoul, as of February 15, 2012

B. The Plaintiff, upon joining the Defendant Union, prepared and submitted a letter of undertaking, and Paragraph 4 of the said letter of undertaking stated that “I, due to the nature of the regional housing association, may modify the project plan in the process of subsequent authorization and permission, and comply with the modified project plan.”

C. The Defendant Union applied for the establishment of an association on April 19, 2010 and obtained authorization for the establishment of an association on May 30, 2012.

In the process of implementing a loan to implement the project, the financial institution demanded the payment guarantee of the contractor by strengthening the terms and conditions of the loan to the defendant union, but it was changed to the Pakistan Global, Inc., the contractor, as it could not meet the conditions of the payment guarantee due to lack credit rating, and thus, it could not meet the conditions of the payment guarantee.

In June 27, 2014, according to the payment guarantee of Pakistan Global, loans were implemented on June 27, 2014. On June 30, 2014, the Defendant Union purchased 112 lots of land and completed the registration of ownership transfer on June 30, 2014, and applied for approval of the business plan on July 30, 2014.

[Evidence] Facts that Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 6, the purport of the whole pleadings, and there is no dispute

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion that the sales contract was cancelled due to deception can move to the Plaintiff in August 2014, and the purchase of land has been completed, and is directly executed.

If it is impossible to observe the occupancy deadline, the contract for sale in lots shall be cancelled as the contractor deceivings the defendant union to compensate for it.

Therefore, the Defendant Union is obligated to return the sales price to the Plaintiff.

2. As recognized in paragraph (1) above, the Plaintiff shall join the Defendant Union.