계약금등반환청구의소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Under the premise, the Defendant was a cooperative established to promote the construction of apartment houses below national housing size, commercial buildings, and auxiliary facilities in the Si of Gunsan-si, and was authorized to establish a housing association from the military industry market on November 15, 201 with 203 members of the association on November 15, 201, and obtained authorization for modification several times thereafter.
On February 19, 2013, the defendant obtained the approval of the project plan for the new apartment construction project from the Gunsan market.
On the other hand, the plaintiff is not indicated in the list of members attached to the letter of authorization for the establishment of housing association and the letter of authorization for modification.
[Reasons for Recognition] Gap evidence No. 1-1, 2, 6, Eul evidence No. 1-3
2. Around August 2011, the Plaintiff asserted that the Plaintiff entered into a contract with the Defendant to purchase one household (106 Dong 1105) among apartment buildings to be constructed pursuant to the said project, and paid KRW 26,00,000 to the Defendant as down payment and agency expenses.
Around August 2012, the Plaintiff agreed to cancel the contract with the Defendant and the agent SP Co., Ltd. (hereinafter “AS SP”) and to receive KRW 27,00,000 in total as the contract deposit, the agent fee, and the interest, until December 6, 2012.
Therefore, the Defendant is obligated to pay the Plaintiff KRW 15,00,000, which is a part of the down payment, etc. pursuant to the above contract rescission agreement, and the delay damages therefor.
3. The fact that the Plaintiff prepared the subscription contract in order to join the Defendant as the Defendant does not conflict between the parties, and according to the evidence Nos. 2-1 through 5, 3, and evidence Nos. 2-2, the Plaintiff’s entry into D on August 19, 201; and
8. 22. Total sum of KRW 26,00,000 shall be paid, and D shall be KRW 17,000,000 on August 22, 2011; and 9,000,000 on the International Trust Co., Ltd. shall be deemed to be “106-1105 on the deposit summary; and A.S. Co., Ltd shall be deemed to be up to December 6, 2012.