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(영문) 부산지방법원동부지원 2020.12.16 2019가단214592

매매대금반환

Text

The defendant, on March 23, 2016, purchased and sold the right to purchase real estate listed in the attached list to the plaintiff.

Reasons

1. Basic facts and relevant regulations;

A. The Defendant is a member of the non-party C Regional Housing Association (hereinafter “instant association”) who purchased an apartment unit to be newly built in Ulsan-gu D D, Ulsan-gu, and is a member of the said association.

B. On March 23, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase the purchase of the apartment unit from the instant association in the premium of KRW 17,00,000 (hereinafter “instant sales contract”). Around that time, the Plaintiff paid KRW 17,00,000 to the Defendant and the down payment of KRW 51,156,00 that the Defendant paid to the instant association.

C. On April 13, 2016, the Plaintiff paid an additional amount of KRW 21,743,000 to the Defendant upon the Defendant’s request.

The instant association obtained approval from the competent authorities before March 2019.

E. In the absence of change in the name of the Plaintiff from the Defendant to the Plaintiff, the instant association, around May 2019, followed the procedure for allocating the same-minded water to its members, including the Defendant, and as a result, the apartment unit that the Defendant purchased was confirmed as real estate indicated in the separate sheet.

F. The provisions of the Enforcement Decree of the Housing Act and the Housing Act relating to the instant case are as follows:

(7) Matters necessary for the methods and procedures for establishing a housing association authorized pursuant to paragraph (1), the qualification standards for the members of a housing association, the expulsion and withdrawal thereof, the operation and management of a housing association, etc. and necessary matters for the requirements and procedures for reporting the establishment of a workplace housing association under paragraph (5) shall be prescribed by Presidential Decree

Article 22 (Replacement or New Joining, etc. of Members of Regional or Workplace Housing Association) (1) A regional housing association or workplace housing association shall not replace the relevant members or have them newly join after obtaining authorization for its establishment.

Provided, That the foregoing shall not apply to any of the following cases:

2. Any of the following: