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(영문) 광주지방법원순천지원 2019.07.17 2018가단78524
분담금 반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant Union is a project proprietor who constructed and sold a regional housing association (M apartment) with 813 households on the land outside L and 39 parcels at the time of leisure.

B. Plaintiff A, B, C, D, E, F, G, and H (hereinafter “Plaintiff 1 through 8”) are the members of the Defendant Cooperative supplied apartment units listed in the corresponding column of the Plaintiff’s club’s corresponding column of each Plaintiff’s club among the above regional housing associations apartment units (Defendant D is the members succeeding to the status of N’s union members), Plaintiff I acquired the right to sell the above apartment units from the buyer P who entered into a sales contract with the Defendant Cooperative on April 29, 2015 with respect to the above apartment units, and Plaintiff J entered into a sales contract with the Defendant Cooperative on May 6, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 10, the purport of the whole pleadings

2. The K District Housing Association Establishment Promotion Committee (hereinafter “instant promotion committee”) which is the telegraph of the Defendant Housing Association’s assertion by the Plaintiffs, was to raise funds necessary for the construction project of the local housing association apartment by discounting and selling 30 households among the above apartment units to its members through R, a company acting as an agent, and entered into a discount sale contract with the Plaintiffs through R. After entering into the said discount sale contract, it did not demand the buyers to pay additional contributions even if the sale price is increased due to construction cost, material price increase, etc.

After concluding a discount sale contract with the instant promotion committee, the Plaintiffs paid the full amount of the discounted sales price in lump sum.

The rights and obligations under the discount sale contract that the promotion committee of this case concluded with the plaintiffs are naturally succeeded to the defendant partnership or ratified by the defendant partnership. However, the defendant partnership is different from the promise stipulated in the initial discount sale contract after the apartment is completed.

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