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(영문) 부산지방법원동부지원 2020.05.13 2018가단223100
계약금 등 반환청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is an organization organized to establish a regional housing association that constructs and sells apartment buildings (hereinafter “D”) of a regional housing association of 820 households on a scale of 28,903 square meters in Busan Shipping Daegu C, Busan Metropolitan City, for the purpose of establishing a regional housing association (hereinafter “instant project”).

B. On June 21, 2016, E, the Plaintiff’s spouse, joined a regional housing association that the Defendant intended to establish and paid the share of expenses for the instant project, but entered into a membership agreement to be supplied with an apartment to be newly built as the instant project (hereinafter “instant membership agreement”), and paid the down payment of KRW 5,000,000 and the administrative service charges of KRW 5,00,000 under the membership agreement.

C. E paid each of the remainder of down payment KRW 23,921,00 on August 12, 2016, and KRW 28,920,000 on June 20, 2018, respectively, to the account of the F Co., Ltd. designated by the Defendant.

On November 2, 2018, the Plaintiff acquired the membership status from E under the instant subscription agreement.

E. The Defendant: (a) prepared and delivered to the Plaintiff the instant promise to ensure the security of union members (hereinafter “instant promise”) with the following content as follows; and (b) written and delivered the instant promise (hereinafter “instant promise”).

The defendant promises to guarantee the security of union members and to fully refund the full amount (including administrative service costs) paid by the union members when the establishment of the union and the business of the union are non-existent only with a member subscribed.

Provided, That it is confirmed that the subscription is dealt with in accordance with the terms of the contract if the subscription is terminated due to the reasons for the failure of the union members (a lack of qualification or simple change, etc.) among the Do normally progress.

F. On July 26, 2019, the Defendant: (a) held an extraordinary general meeting on July 26, 2019 to dissolve the association on the grounds of conflict between the members of the association and the delay of business due to the increase of project costs; (b) renounced all the rights related to the instant project; and (c

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