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(영문) 대전지방법원천안지원 2019.07.11 2018가단5801
조합아파트 분양계약금등 반환
Text

1. Defendant C and D Co., Ltd.: (a) KRW 12,000,000 for each Plaintiff; and (b) Defendant C Co., Ltd. on July 3, 2018.

Reasons

1. Claim for damages against Defendant C or D

A. The facts of recognition 1) Defendant D is an I apartment of approximately approximately 1,245 units of H Il-dong, Dong-gu, Chungcheongnam-gu, Seoul and approximately 1,245 units from October 2016 (hereinafter “instant apartment”).

(tentative) The promotion committee of the J District Housing Association (hereinafter referred to as the “instant promotion committee”) which promotes the development project.

(2) In order to establish a regional housing association under the Housing Act, the Defendant C obtained the right to use the site of the instant apartment site or did not provide funds to purchase the site. However, from October 2016, the sales agent conducted an advertisement with false facts that the purchase of the land was completed almost, or directly advertised such false facts to the employees of the sales agent, thereby soliciting the subscribers of the regional housing association of the instant apartment.

3) On November 13, 2016, the Plaintiff entered into a membership agreement with the instant promotion committee and Defendant C to purchase the instant apartment housing L in the amount of KRW 186,375,00 (a separate agreement between the agency cost of KRW 12,00,00) as stated in the foregoing paragraph 2, and paid the contributions of the association members and the agency cost as listed in the following table.

On November 9, 2016, 1201. 12,00,00 Han Bank FF 17,637,500 members' contributions on November 29, 2016, K, Defendant D, and the head of the headquarters of the sale agency M were convicted of the above criminal facts on September 13, 2013, by means of the method of Article 2018, 208, 201, the Daejeon District Court Branch 2018, 208, 201, 391, 200 won, including the Plaintiff, from September 16, 2016 to April 19, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 3, respectively.

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