계약금반환등 청구의 소
Of the judgment of the first instance, the part against the defendant shall be revoked, and the plaintiff's claim corresponding to the revocation shall be dismissed.
1. Facts of recognition;
A. The Joint Defendant B’s Regional Housing Association Promotion Committee of the first instance trial (hereinafter “Promotion Committee”) is a regional housing association promotion committee that promotes the construction of new apartment units with the size of 10,025 square meters in the site area, 78,583.75 square meters in the total floor area, 78,583.75 square meters in the land area, 35 square meters in the ground, 35 stories in the ground and 451 households
B. On March 15, 2017, the promotion committee entered into a contract on behalf of the Defendant and the agent company E (hereinafter “E”) with respect to the said new apartment construction project by the promotion committee (hereinafter “instant agency contract”). The major contents of the contract at issue in the instant case are as follows.
[Article 8] The contract and the management of union members' contributions (3) shall be collected only from the defendant's management account, and the contract for union members' subscription shall specify the following provisions in order to clearly clarify the scope of business following the protection of union members and the receipt of the defendant's union members' contributions.
2. The defendant shall take charge of fund management of association members' contributions, etc., and the promotion committee shall bear the responsibility to refund association members' contributions;
3. The defendant is not liable for the progress of the project, for the cancellation of the contract upon the cancellation of the association member, and for raising the insufficient project cost.
5. The Defendant does not participate in the raising, etc. of insufficient project costs related to the project and is merely in charge of the management of funds, such as the contribution of the association members. Thus, the Defendant cannot directly apply for the cancellation request ( regardless of the name such as the change of the status of the union members and the withdrawal before and after the settlement of the union), or other requests, etc., to the union. The Defendant directly executes it to the union members within the balance of the fund management account managed by the Defendant based on the data submitted by the