beta
(영문) 창원지방법원 2018.11.22 2018나53426

계약금반환

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Defendant entered into a contract with D (hereinafter “D”) and E (hereinafter “E (hereinafter “E”) on the recruitment and sale of association members with respect to the collective housing development project in the Tong Young-si Co., Ltd., and the F (hereinafter “F”) was delegated by E on the recruitment and sale of association members.

B. On October 25, 2016, the Plaintiff entered into a membership agreement of the B Housing Association with the Defendant, D, and the Defendant, the implementer, and D as an agent.

(hereinafter referred to as the “instant agreement to join the association.” The instant agreement to join the association provides for the membership of the association as follows. At the time of the conclusion of the said agreement, the Plaintiff owned G single-story Housing (acquisition on or around March 11, 2006) and Ha Young-si 309, which did not meet the requirements for homeless persons under the said agreement.

Article 2 (Qualification for Membership) The qualification for membership of the association shall be limited to a person who has resided in Busan Metropolitan City, Gyeongnam-do, and Ulsan Metropolitan City on resident registration for six months or longer as of the date of application for authorization for establishment of a non-resident (including a person who owns a house not exceeding 85 square meters in exclusive use area).

In addition, the homeless conditions should be maintained by the entire members of the household including the head of the household (Provided, That the spouse shall be deemed a single household even if it is a separate household), and they should not violate other relevant laws and regulations until the occupancy.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 7 (including each number, hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that the Plaintiff owned two bonds at the time of entering into the instant association agreement, and thus, the Plaintiff could not be qualified as a member of the regional housing association.

However, the defendant explains that the house of 20 years is not included in one house, but that the house should be located on the face.