logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2018.12.28 2018가단100067
매매대금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant Cooperative is a regional housing association established pursuant to the Housing Act to build an apartment building with six Dongs and a total of 400 households on the ground of 21,941,000 square meters of Busan Seo-gu, Busan, which entered into a regional housing association with the Defendant Cooperative, and the Plaintiff is a member who entered into a contract with the Defendant Cooperative to purchase one household among the apartment buildings of this case.

B. On August 23, 2016, the Plaintiff entered into a regional housing association agreement with the Defendant and the Plaintiff with the purport that one household located on the highest floor of the DJ (59Ap) among the instant apartment units will be sold in KRW 198,00,000 (hereinafter “instant subscription agreement”), and the details related to the instant case are as follows.

(A) The term “A” means the head of the Defendant’s association, “B” means the Plaintiff: 59A Admission type: The location of Article 2 of the Ddong E head (including the outline of business): 21,941 square meters: the total floor area of 43,934,360 square meters: the business outline of 400 square meters is promoted as the first phase business outline, and the business site is additionally purchased in consideration of the stability of the business in the course of the project implementation, etc., the business site may be promoted as the “final business scale.”

In addition, the final business scale, such as changes in the scale of construction in the authorization and permission process, shall become final and conclusive at the time of approval of the business plan, such as changes in the number of households, deliberation, and club numbers.

Article 3 [Delegation of Authority to Project] "B" recognizes the representation of the housing association of "A", and delegate the following matters related to the promotion of projects among the authority of "B" to "A":

1. Comprehensive management of the partnership's business affairs (including recruitment of partners, authorization for establishment, and modification thereof, management of partnership members, formulation of district unit planning, and approval for a housing construction project plan), decision on the project plan (including modification of project plan), including the number of households, deliberation, total floor area, number of floors, arrangement, etc., borrowing and execution of partnership funds,

arrow