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(영문) 부산지방법원 2020.06.17 2019가단319378

계약금반환

Text

1. The defendant shall pay 32,400,000 won to the plaintiff as well as 12% per annum from June 18, 2019 to the day of complete payment.

Reasons

1. Basic facts

A. The defendant is a non-corporate body organized to establish a regional housing association to promote the new construction of an apartment in Busan Jin-gu C, Busan.

Article 10 [Damages and Compensation for Damages]

1. A may terminate a contract immediately without the peremptory notice of performance or any other separate measure upon the occurrence of any of the following acts, and upon which the eligibility of B members shall be automatically lost, and in this case, B shall not raise any civil or criminal objection to this contract for the smooth promotion of the project:

1) If the terms of this contract are not faithfully fulfilled, 2) to 8) are omitted.

2. When intending to withdraw voluntarily due to the circumstances of B, A shall submit to B a written withdrawal from an association, accompanied by a certificate of his/her seal impression for withdrawal from the association, and such withdrawal shall not be accepted in any

4.A refund shall be made after deducting the prescribed amount of the contributions, if a member subscription contract of Eul is terminated pursuant to paragraphs 1 and 2 above.

In such cases, business promotion expenses shall not be refunded.

In addition, the time of refund is to be returned to the account of the subscriber when the deposit is completed by replacing the new member and the general buyer.

B. On October 12, 2017, the Plaintiff entered into a membership agreement with the Defendant that the Plaintiff would purchase one household with an exclusive use area of 74 square meters (5 to 9 stories) among the above apartment units that the Plaintiff would be newly constructed as a member of a regional housing association that the Defendant intended to establish (hereinafter “instant membership agreement”), and the part relating to the instant case in the membership agreement is as follows.

(A) Under the Agreement on the Admission of Members of the instant case, “A” and “B” refer respectively to the Defendant, and the Plaintiff.

When concluding the instant membership agreement, the Plaintiff’s “B Housing Association (tentatively named)” from the Defendant is promoting the relevant partnership’s business.