계약금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The “B-Regional Housing Association Promotion Committee” newly built the following apartment buildings (hereinafter referred to as the “instant apartment buildings”) to sell them to its members, and the Defendant Union succeeded to the “B-Regional Housing Association Promotion Committee” (hereinafter referred to as the “Defendant Association”) under the tentative name.
In the name of a project site of approximately 20,252.00 square meters in the location of Daegu Dong-gu, Daegu-gu, the project site of the project site of approximately 20,252.00 square meters in the name of a new apartment of a house, the promotion committee of the local housing association, the agency company of the promotion committee, and the Han Heavy Industrial Fund Trust
B. On October 19, 2015, the Plaintiff concluded a sales contract with the total amount of KRW 206,400,000 with respect to the instant apartment Nos. 104-dong 905 (20m20m2, an area to be supplied, an area for exclusive use, an area for exclusive use, 59.10m20m2, which is sold by the Defendant Association as a member of the Defendant Association.
(hereinafter “instant contract”). C.
On October 19, 2015, the Plaintiff paid 20,640,000 won for the first down payment to the Defendant Union. On November 12, 2015, the Defendant Union deposited KRW 20,640,000 into the deposit account of the Korea Asset Trust Company designated by the Defendant Union and paid KRW 41,280,000 in total.
In the special meeting of the members of the defendant's association dated May 11, 2016 and December 14, 2016, the following was determined: (i) partners sign the writing on the PF loans; (ii) members sign the writing on the PF loans in installments; and (iii) members pay 20 million won per partner to the association in order to cover the shortage of land costs.
The above agenda items are ① The Defendant Cooperative should purchase the project site prior to the application for approval of the project plan, but it is difficult to secure the purchase cost of the entire land by the contributions paid by the members. Therefore, each member becomes an individual borrower so that it can meet the purchase cost of the land.