손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 14, 2017, the Defendant entered into a contract with C Housing Association (hereinafter “instant association”) as a member. D apartment E (hereinafter “instant apartment”) to be constructed in the future from the instant association was sold out to KRW 245,944,00, and paid KRW 15 million out of the sale price.
B. On July 26, 2017, the Plaintiff entered into a contract to sell a partnership apartment unit (hereinafter “instant contract”) with the Defendant, and the details of the relevant contract are as follows.
Article 2 The seller shall deliver the sales contract, winning tickets, written consent to resale, receipt, etc. to the buyer at the same time as the payment of the balance of the purchase and sale of the above apartment, and provide other necessary documents, such as
Matters of special agreement
1.This Agreement is a partnership apartment contract and it is within two weeks from the date of change of name after approval for the project.
2. The seller shall be liable for all legal exercise of rights and additional charges and expenses that may be incurred later after the remainder date ( August 4, 2017).
3. The seller will then process all necessary documents in the partnership apartment at the request of the seller.
4. The buyer (if the buyer appears to be a clerical error of the seller) shall maintain his/her membership until he/she changes his/her name and shall be replaced by another person.
C. On the date of the contract, the Plaintiff paid KRW 15 million to the Defendant on the date of the contract. On August 8, 2017, the Plaintiff additionally paid KRW 30 million to the Defendant. From September 6, 2017 to November 16, 2017, the Plaintiff paid KRW 25 million to the trust company as a member of the Plaintiff.
On December 17, 2018, the instant association applied for the authorization to revise the establishment of the housing association at Gangseo-si. On April 16, 2019, the Defendant notified the instant association of the fact that it is disqualified for its members.
E. The Defendant FF entered the instant association on May 16, 2019 and the membership agreement.