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(영문) 대구지방법원 2018.10.11 2017가단133144

중도금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a regional housing association established by the Committee for Promotion of the D Regional Housing Association (hereinafter “Promotion Committee”) which is a telegraphic person, using one of the three project implementation districts of Gyeongbuk-gun, Gyeongbuk-gun, in order to promote a housing construction project in accordance with the Housing Act.

The defendant held an inaugural general meeting on March 15, 2015 and obtained authorization for the establishment of a housing association from the competent authority on June 2015, and obtained approval for the project plan around September 2016.

Indication of the object [Opening of Business]

1. Site area: 39,204 square meters;

2. Total floor area of 123,783.89 square meters;

3. Scale/households: Underground second floor, ground25 floor, and 99 household units.

4. Location of the business site: Bridge C in the Gyeongbuk-gun; and

5. The same subparagraph: 115 Dong 1101.

6. Supply type: 80,77 square meters-type 80 square meters-type 80 square meters-type 80 square meters-type 80 square meters-type 80 square meters-type 80 square meters-type 80 square meters-type 80 square meters-type 80 square meters-type 200 square meters-type 202. The D Regional Housing Association shall enter into a partnership agreement on the basis of mutual trust and good faith as follows

Article 1 (Definitions and Purpose)

1. The purpose of this project is to procure and operate the funds and to carry out other necessary projects in supplying the housing of the members of the association for promoting the stabilization and improvement of the residential life which is the cause of the members of the association;

2. “A” and “B” shall endeavour to ensure that the project for the formation of the house is completed at the successful outcome by fulfilling their responsibilities on the basis of good faith and good faith principles until the completion of the project in accordance with the provisions of the Regulations of the Association.

Article 3 (Members' Contributions)

1.A “B” shall pay as a partner the contributions required for the promotion of this project within the time limit for payment set out in this Agreement.

2. The increase or decrease of the sale area and the scale of business may be changed in the process of approval and permission for the business, and consent shall be obtained without any objection to the changed business plan

3. Members' contributions;

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