계약금반환 등
1. All of the plaintiff's claims are dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. (tentative Name) The D Regional Housing Association is the executor of the E Apartment Construction Project, and the defendant C is the former president of the above Association, and the F Company is the PMF service company of the above Association, and the defendant B is the representative director of the above Company.
B. (tentative Name) The Plaintiff, as a member of the D Regional Housing Association, deposited KRW 10,00,000 for each of the accounts in the name of the Asian Trust Co., Ltd. and KRW 23,256,000 for each of the accounts in the name of the said Association and KRW 10,000 for each of the accounts in the name of the F Co., Ltd.
C. On the other hand, on November 16, 2015, Defendant C and Defendant B signed with the Plaintiff a letter of undertaking that “where E apartment does not enter the commencement of the construction of an apartment by June 30, 2016, the entire subscription fees and PEM expenses shall be refunded to the Plaintiff,” and attached the official seal in the name of the chairman C and the representative director of the regional housing association of DD (tentative name).
(hereinafter “The First Declaration”). (d) However, the E apartment complex was not commenced until June 30, 2016, Defendant B again returned to the Plaintiff the entire amount of KRW 3,256,000, in total, KRW 33,256,00,00, if the E apartment complex cannot enter the commencement by February 28, 2017.
In addition, if additional contributions are made to the plaintiff at the time of completion of the apartment construction, the representative director B will bear the total additional contributions.
“In preparing a letter of undertaking,” the agent of the D Regional Housing Association affixed the official seal under the name of the representative director B of the FF corporation, the agent of the F corporation (hereinafter “second letter of undertaking”). / [Grounds for recognition] without dispute, Gap evidence No. 1, Gap evidence No. 2, and the purport of the whole pleadings.
2. The judgment of the plaintiff is based on each of the first and second commitments against the defendants, the share of the union members paid by the plaintiff on the basis of the second and 23,256.