계약금등 반환청구의 소
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant is a regional housing association established for the purpose of constructing a new apartment at the Seosung City C.
(A) On February 15, 2015, the Plaintiff’s child D entered into an agreement to enter into an association (hereinafter “instant agreement”) with the Defendant on April 5, 2014 regarding 105 Dong 104, among the chemical E apartments sold by the Defendant, and paid KRW 5 million for the down payment and KRW 12 million on April 7, 2014 under the instant agreement.
B. On April 7, 2014, the Plaintiff acquired the status of an association member under the instant contract from D, and newly drafted a partnership membership agreement with the Defendant.
According to the contract of this case, the share of expenses to be paid by the plaintiff to be supplied with the above apartment is 156,645,000 won, and the business promotion expenses are 12,00,000 won.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. The Plaintiff’s assertion does not take effect for the following reasons, or the Plaintiff does not have the status of the Defendant’s member. Therefore, the Defendant is obligated to return to the Plaintiff the total sum of KRW 17 million and down payment and business promotion expenses that the Plaintiff paid to the Plaintiff by restitution.
① The Plaintiff did not request the Defendant to submit the required documents, such as a certificate of personal seal impression and the consent to the selection of representative, and there is no fact that the Plaintiff submitted the contract with the Defendant.
In addition, the defendant's list of members kept in the viewing of gender, which is the competent authority, was not registered by the plaintiff, and the defendant did not present any data such as the list of members registered by the plaintiff as members.
Therefore, even if the plaintiff is not a member of the defendant, the contract of this case was revoked by the defendant's deception or revoked by the defendant's breach of contract.
② The Plaintiff is the Defendant.