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(영문) 수원지방법원 2020.09.10 2020가단513862
기타(금전)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On July 4, 2017, the Defendant is a regional housing association established and approved pursuant to Article 11 of the Housing Act to carry out a regional housing construction project (hereinafter “instant project”) in the area of the wife C in Young-si, the wife population of which is permissible from the Incheon Metropolitan City on July 4, 2017.

B. On November 8, 2017, the Plaintiff entered into a contract with the Defendant to purchase one household among the apartment buildings to be constructed pursuant to the instant project as follows:

(hereinafter “instant contract”). The applied area: Article 3 [Payments Payment] of the 59Am20m2 (25m2)

1. The apartment sale price shall be the general sale price on the public announcement of invitation of occupants, and the defendant shall supply the plaintiff with the apartment house at the price discounted by the difference between the general sale price of the household which applied for the highest price and the sale price of the association members;

5. The supply price table (unit: 15%) intermediate payment (15%) total sum (70%) of the 15%) intermediate payment (15%) total sum (15%) shall be 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 2,120 2,120 2,080 2,080 2,080 2,080 2,080 2,080 2,080 2,080 2,080 2,080 2,080 2,080 2,080 2,080 3, 1203, 120,806 / [the Defendant may cancel the contract with the Plaintiff’s act falling under any of the following subparagraphs:

1) Where an intermediate payment has not been paid more than two consecutive occasions, 2) the remainder has not been paid within three months from the beginning date of occupancy (pre-determined). 3) the loan has been granted by an association or a public corporation as a guarantee by the Corporation, 4) the loan interest has been overdue and the loan has been requested by the financial institution to pay by the association or the public corporation on behalf of the Plaintiff.

2. Where a contract is terminated under the preceding paragraph, the Plaintiff shall be the sum of 10% of the amount, excluding business promotion expenses and business promotion expenses, out of the amount equivalent to the partnership subscription contract.

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