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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Under the Housing Construction Promotion Ordinance and the Rules, the Defendant Cooperative is a project implementer that constructs D apartment units to a reconstruction association approved by the head of Gwanak-gu on June 27, 2003, with the aim of removing a new house on the land that was removed and constructing a new house on the site of the removal, etc., as prescribed by the Housing Construction Promotion Act and the regulations, and the construction of D apartment units is the project implementer that entered into a construction contract on January 20, 2009 with the Defendant and the Plaintiff is the purchaser of the above apartment units (hereinafter referred to as the “instant apartment units”). The Plaintiff is the purchaser of the above apartment units 101,304 (hereinafter referred to as the “instant apartment units”).
On January 15, 2010, the Plaintiff concluded a sales contract for the instant apartment with the Defendant Union (hereinafter “instant sales contract”) with the following terms and conditions as to the instant apartment.
(분양대금 419,042,000원 중 원고의 조합원지분평가금액 172,650,000원을 공제한 246,392,000원으로 대금산정). ▣ 재산의 표시 : 서울 관악구 C외 11필지 D아파트 101동 304호 위 표시 재산을 공급함에 있어 시행사인 피고 조합이 시공사인 엘빈종합건설과의 재건축계약서에 의거 조합원(또는 분양자)에게 다음과 같이 아파트 공급계약을 체결한다.
Article 1 (Methods of Sale and Payment) The total amount of the divided floor (Direct Business Expenses of the Cooperative) 304 No. 3246,392,00 won (1) The defendant Cooperative shall supply the above indicated property by the following methods, and the plaintiff shall pay the corresponding amount to the defendant Cooperative within the due date for payment.
On January 31, 2010, April 30, 2010, when concluding a contract for the second half of the remainder of the down payment and the second half of the intermediate payment, the Plaintiff is either the Defendant Cooperative or LLDD Integrated Construction (Cancellation of the contract) on April 31, 2010.