계약금반환등 청구의소
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following order for payment shall be revoked, and that part shall be revoked.
1. Basic facts
A. The Defendant is a regional housing association established to promote a housing construction project under the Housing Act in Ulsan-gu, Ulsan-gu C.
B. On October 23, 2015, the Plaintiff entered into a contract with the Defendant’s regional housing association (tentative name) which is the Defendant’s promotion committee, under which the supply value of the apartment unit D E-dong 84 square meters is KRW 377,2950,000 (hereinafter “instant subscription contract”) and paid a total of KRW 87,40,000,000 and KRW 12,40,000,000 as the share of expenses for administrative services.
(tentative) B Regional Housing Association A: Plaintiff DJH K IG Article 10 [Damages and Damage Compensation] (1) A may terminate the contract immediately upon the occurrence of an act falling under any of the following subparagraphs without the peremptory notice of performance or any other separate measures. In this case, B is disqualified as a member of the housing association, and B is not subject to any civil or criminal objection.
5. When he loses his eligibility as a housing association in accordance with the relevant Acts and subordinate statutes and regulations. (3) When he loses his eligibility as a housing association or withdraws from the association because he falls under paragraphs (1) through (2) of this Article, the amount of money calculated by subtracting 10% of the contract amount from the contributions paid by Eul to the association or the operation expenses for the promotion of the association shall be disposed of by refund to the account of the head of the Tong, and the time of refund shall be the refund kis when the deposit is completed by substitution
However, there shall not be a refund where the expenses for part payments, other overdue interests, etc. exceed the paid amount.
Article 16 [Other] (4) The Agreement and the Rules of the Regional Housing Association (tentatively named) shall have complementary effects, and shall take precedence over this Agreement in the case of conflict between the Agreement and the Rules of the Association.
C. The part relating to the instant accession agreement is as follows.
The meaning of the terms used in Article 7 of the Code of this case (Definition of Terms) is as follows.
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