beta
(영문) 수원지방법원 2019.12.17 2019가단524767

계약금 등 반환 청구의 소

Text

1. As to the Plaintiff A’s KRW 23,696,00, and KRW 31,212,00 for the Plaintiff B, and each of the said money from August 9, 2019.

Reasons

1. The facts subsequent to the facts of recognition are recognized as either a dispute between the parties or in full view of Gap evidence 1 to 18, Eul evidence 1 to 4, and the whole purport of the pleadings.

A. The defendant is a regional housing association established pursuant to the Housing Act for the purpose of carrying out the new construction of an apartment unit in the wife population D unit in Young-si, and the plaintiffs are the members of the defendant.

B. On September 12, 2015, Plaintiff A entered into an agreement between the Defendant and the Defendant to enter into an association with a total of KRW 197,470,00 with respect to the E-ho (exclusive area of KRW 59 square meters) among the apartment newly built by the Defendant, and Plaintiff B entered into an agreement to enter into an association with the Defendant on September 12, 2015 with a total of KRW 260,104,00 with respect to the F-ho (exclusive area of KRW 84 square meters) among the apartment newly built by the Defendant (hereinafter “instant agreement to enter into an association”).

2) Article 7 of the Agreement on the Joining the Association

5. "Matters to be entered into a special agreement" may be changed in the form of the same letters as written test color as “the charges may be changed depending on the circumstances.”

“The total amount of the charges under this Agreement is a final charge,” although the provisions, including this provision, indicate that the size of characters is larger than that of other provisions, and that the same is not in color-type, but in the color-type color-type color-type color-type color-type color-type.

3) The Plaintiffs separately affixed the charges under the agreement to join the association of this case, and paid each of the relevant cooperative members’ charges on the relevant date indicated in the attached claim specification column as stated in the attached claim specification column (the total amount of KRW 23,696,00, the total amount of KRW 31,212,000) to the Defendant on November 24, 2018. (c) The Defendant held an extraordinary general meeting on November 24, 2018, and held an extraordinary general meeting and changed the agreement to join the association accordingly.

참조조문