계약금 등 반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts are found to be of no dispute between the parties, or to be recognized by comprehensively considering the purport of the entire pleadings in each entry in Gap evidence 1 to 4, Eul evidence 1 to 3:
A. The Defendant obtained authorization from the head of Seongbuk-gu Office to establish a housing association on December 31, 2015 in order to promote a multi-family housing construction project (hereinafter “instant construction project”) from Seongbuk-gu Seoul District Housing Association established pursuant to the Housing Act, and on December 31, 2015.
B. On June 14, 2014, the Plaintiff entered into an agreement with the Defendant to purchase an apartment unit D (exclusive area of 59 square meters) (hereinafter “instant agreement”) in which the Plaintiff and the Defendant joined as the Defendant’s partner and paid the shares of the association members, etc. and planned to be newly constructed. The main contents of the agreement to join the association are as follows when entering into the said agreement.
10,000,000 won or less after the second contract is entered into at the time of the first contract for down payment, 25 million won or less within 10 days after the authorization of establishment of the third party for the establishment of the 12.5 million won or less;
2. (tentatively Recognizing the request of the members of the regional housing association (tentatively referred to) will be duly accepted and replaced by a subsequent supply contract.
(Provided, That the first down payment and agency expenses already paid at the time of termination or renunciation shall not be refunded). 3. Due to the characteristics of the regional housing association, this project plan may be somewhat modified in the course of subsequent authorization and permission, and in this case, I promise to comply with the modified project plan.
C. Pursuant to the instant agreement, the Plaintiff paid the Defendant KRW 13.9 million in total, from June 10, 2014 to June 14, 2014; KRW 12.5 million in total; KRW 12.5 million in the first down payment on June 14, 2014; KRW 12.5 million in the second down payment on July 14, 2014; KRW 25 million in the third down payment on November 26, 2015; KRW 19.5 million in additional contributions on April 27, 2016; and KRW 3.9 million in total, including additional contributions on May 20, 2016; and KRW 500,000 in the additional contributions on May 24, 2016.
Article 12 (Withdrawal, Disqualification, or Expulsion of Members) (1) No member may withdraw from a cooperative at his/her discretion.
(b).