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(영문) 서울남부지방법원 2021.01.14 2020가단219175

계약금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a regional housing association under the Housing Act established for the construction and sale of D apartment units (hereinafter "the project of this case") in Yeongdeungpo-gu Seoul Metropolitan Government Seoul (hereinafter "the apartment of this case") and the E Co., Ltd. (hereinafter "E") on July 9, 2008 and the members of the Association on July 9, 2008 (the period of sale by proxy) ① The period of sale by proxy is from July 9, 2008 to the completion of the completion of the union's authorization.

Article 6 (Fees for Solicitation of Members)

1. The sales contract is concluded within the service period and the down payment is fully paid (hereinafter referred to as “sale rate”) out of the sales price shall be determined as follows:

Provided, That the value-added tax shall be separately assessed, and the sale rate shall be based on the number of households.

Fees : 10 million won per household: 5 million won within a week after the payment of down payment, 3 million won at the time of the completion of the payment of down payment, and 2 million won at the time of the completion of the modified authorization of the association.

The contract term of the above sales agency contract shall be as follows:

B. Around December 2009, F Co., Ltd. (hereinafter “F”) concluded a contract on the succession of the sales agency agreement with the Defendant to obtain the status of the sales agency of the instant project from E, and on May 3, 2010, to the effect that the Defendant would be transferred the status of the sales agency of the instant project.

(c)

On July 13, 2010, the Plaintiff entered into a contract for joining a regional housing association (hereinafter “instant contract”) with the content that the Plaintiff would have the housing unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit (hereinafter “instant contract”). On the same day, the Plaintiff paid the total amount of KRW 200,00

(d)

F The F recruited 74 members pursuant to the above contract of succession to the sale agency as described in paragraph (b), and the Defendant paid F the amount of KRW 450 million out of the sales agency fee of KRW 760 million.

E. On November 13, 2012, the head of Yeongdeungpo-gu Seoul Special Metropolitan City Office changed the number of the members of the Defendant Union from 145 to 138.