계약금 반환
1. The Defendant’s KRW 29,738,376 as well as the Plaintiff’s annual rate of 5% from January 17, 2018 to May 16, 2018, and the following.
1. The Defendant is a regional housing association that is performing projects in Tong Young-si C.
On October 18, 2015, the Plaintiff entered into an agreement with the Defendant to enter into an association (hereinafter referred to as “instant agreement to enter into an association”) with the intent to purchase A-type No. 102 1804,000 square meters from the Defendant (hereinafter referred to as “instant agreement”) and paid the Defendant KRW 45 million in total, including the first down payment, KRW 5 million, the first administrative service cost, KRW 5 million, the second down payment, KRW 7.5 million, the second administrative service cost, KRW 10 million, and the third down payment, KRW 17.5 million.
Article 8 of the Rules of Association of the defendant is as follows.
Meanwhile, the Plaintiff’s spouse owned one bond exceeding 84 square meters for residential use, and the Plaintiff changed the head of the household of the resident registration record card address from the Plaintiff’s spouse to the Plaintiff on October 20, 2015.
[Ground of recognition] A without dispute, entry of Gap evidence 1, purport of whole pleadings
2. Determination
A. The plaintiff alleged that the plaintiff's husband owned the house at the time of the contract for joining the association of this case, and the defendant provided that when concluding the contract for joining the association after changing the head of the household in the name of the plaintiff, the defendant can purchase the apartment house.
After changing the householder to the plaintiff according to the defendant's guidance, the head of the household entered into the contract of this case, however, the defendant refused to sell an apartment unit in Pyeongtaek-type at the time of the contract to the plaintiff.
Therefore, the defendant is liable to return the down payment, etc. received from the plaintiff.
B. In addition to the purport of the entire pleadings in the statement in Gap evidence Nos. 1 and 2, the following facts are stated in the application form for joining the association as follows: ① The head of a household (including a household member) who owns a house with a house of 85 square meters or less in size as a member’s qualification; ② Article 12(4) of the Defendant Rules provides that a person who loses the status of a member due to a loss of a member’s qualification, etc. shall be deemed to have paid by