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(영문) 부산지방법원 2020.09.24 2019가단317266
분담금 반환 등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant C regional housing association promotion committee (hereinafter “Defendant C regional housing association promotion committee”) is an organization organized to promote a housing construction project by establishing a regional housing association under the Housing Act at the Busan metropolitan Eth page.

Defendant D is a company that vicariously performs the duties of the Defendant Promotion Committee.

B. On May 8, 2017, Plaintiff A entered into an agreement with the Defendants to enter into an association with the content that the apartment units with an exclusive area of 84 square meters A, among apartment units to be constructed in the above area, and paid the Defendant’s contribution to the promotion committee.

Plaintiff

B On September 3, 2017, among the Defendants, entered into an agreement to enter into an association with the content that the apartment unit with an exclusive area of 84 square meters A, among apartment units constructed in the above area, was sold in lots, and paid the shares of association members to the Defendant Promotion Committee.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 2, 3 and 5 evidence, the purport of the whole pleadings

2. The Plaintiffs asserted that the Plaintiff A paid KRW 107,00,000 to the Defendant Promotion Committee as the shares of the association members, and the Plaintiff B paid KRW 30,500,000 to the Defendant Promotion Committee as the shares of the association members.

After that, the Defendants agreed on October 20, 2018 to refund each member’s contribution, etc. received from the Plaintiffs at the request of the Plaintiffs on October 20, 2018.

Therefore, the Defendants are jointly and severally liable to pay Plaintiff A 107,00,000 won, and 30,500,000 won to Plaintiff B as well as damages for delay calculated at the rate of 15% per annum from October 20, 2018 to the date of full payment.

3. There is no evidence suggesting that the Defendants agreed to refund each member’s contribution, etc. to the Plaintiffs on October 20, 2018.

[No. 1-1 and No. 2-1, which the plaintiff cited as evidence for the above assertion, are prepared by the Defendants.

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