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(영문) 서울서부지방법원 2020.11.20 2019나39922
금액반환
Text

The plaintiff's appeal is dismissed in entirety.

The plaintiff's claim for damages for delay extended by this court shall be dismissed.

Reasons

1. Basic facts

A. The Establishment Promotion Committee of the D Regional Housing Association (hereinafter “instant association”) establishes a regional housing association at the next regional level and promotes the new construction and sale of approximately 1,650 apartment units with approximately 1,650 households in Yeongdeungpo-gu Seoul Metropolitan Government.

B. On June 11, 2018, the Plaintiff visited the office of the instant association, and was introduced by the Defendant B, who introduced himself as “person in charge and the director,” and was willing to purchase the above apartment units by the employees of the instant association, and was willing to purchase the apartment units H (59㎡ A; hereinafter “the instant apartment units”) as his spouse’s agent.

(hereinafter referred to as the "Plaintiff's agency" is omitted).

Accordingly, Defendant B explained to the Plaintiff that “Defendant C, who is an existing partner of the instant heading room, demands KRW 50 million to “the premium”, and that “the amount of the contribution of the association members shall be KRW 3850,010,000 ( KRW 360,000,000,000 for land and construction cost, KRW 25,000,000,000 according to the second unit selling price (hereinafter “the second unit selling price”).” D. The purport is that “the amount of the contribution of the association members shall be KRW 38,50,000 according to the “the second unit selling price.”

Upon the conclusion of the consultation and coordination, the Plaintiff and Defendant B agreed to deposit the premium amount of KRW 40 million into the bank account in the name of Defendant C immediately (hereinafter “instant premium”). On the same day, the Plaintiff deposited KRW 40 million into the bank account in the name of Defendant C.

E. Meanwhile, on the same day, the Plaintiff signed a housing association with Defendant B representing the conclusion of the contract for joining the association of this case as the second sale price, and signed a contract for joining the association of this case to apply for the sale of the unit of this case (hereinafter “this contract for selling the unit of this case”). The contract for selling the unit of this case was signed by Defendant B C.

As shown in the paragraph, land costs and construction costs are the same as the description of the claim.

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