분양대금 반환
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the above cancellation portion is dismissed.
3.
1. The defendant is a housing reconstruction and rearrangement project association that obtained authorization from the head of Gangnam-gu Office on May 26, 2010 to reconstruct Seoul apartment, and the plaintiff is a member of the association.
On January 3, 2013, the Plaintiff borrowed KRW 500,000 from the Defendant’s basic moving expenses of KRW 500,000,000 as the owner of an existing apartment. 50,000,000 per annum, and the remaining KRW 4.04% per annum, and the annual interest rate of KRW 3.84% per annum.
The plaintiff has a claim to pay the settlement money to the defendant because the value of the existing right exceeds the sale price.
However, the contract for sale prepared between the plaintiff and the defendant requires the plaintiff to pay in installments the interest of the basic relocation expenses specified in the printed list as the date of payment for sale.
Specifically, the sale price is divided into 20% of the down payment, 10% of the intermediate payment, and 20% of the balance, and in the case of the plaintiff, the interest on the basic relocation expenses calculated by October 13, 2016 should be paid in installments, such as the installment payment rate.
Accordingly, the plaintiff pays interest on the basic relocation expenses to the defendant.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3, the purport of the whole pleadings
2. As examined below by the Plaintiff’s assertion, the interest on KRW 500,000,00 for the basic relocation allowance shall be returned by October 13, 2016, which is the scheduled date for the occupancy designation, in light of the construction contract, the partnership purchase contract, and the management and disposition plan.
Nevertheless, the defendant provided that interest on the basic relocation expenses shall be paid in installments and received from the plaintiff.
Therefore, the defendant shall return to the plaintiff the total of KRW 13,943,00,00,000 paid by the plaintiff prior to the arrival of the due date.
3. Determination
A. According to Article 13(4)2 of the Management and Disposal Plan, Article 13(4)2 of the Management and Disposal Plan provides that “The financial expenses for the relocation expenses (interest) shall be lent at no interest rate, and shall be recovered including the contributions of the union members.”