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(영문) 수원지방법원평택지원 2020.10.21 2020가단51592
분양대금반환 청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant was a regional housing association that was established in order to implement a construction project of apartment units, such as apartment units, at Pyeongtaek-si C Day (hereinafter “instant project”). The Defendant obtained authorization for the establishment from the head of Pyeongtaek-si on April 6, 2016, in order to implement the instant apartment units, which is scheduled to be newly built by the implementation of the instant project.

B. On May 18, 2015, the Plaintiff concluded a partnership joining agreement containing the following (hereinafter “instant agreement”) with the Defendant association by having the instant apartment units purchase D and 59 square meters (A) from the Defendant association.

Article 7 of the Agreement on the Admission to Partnership / [Liability and Management thereof] ① Members’ contributions are project costs following the implementation of this project, including land purchase costs and construction works costs (hereinafter referred to as “members’ contributions”).

(2) In order to facilitate the implementation of this project, the Plaintiffs shall pay contributions to each member according to the respective schedule for the payment of contributions.

(5) In addition to the cooperative members' contributions to be paid by the cooperative members pursuant to paragraph (6) of this Article (the schedule, etc. for the payment of the cooperative members' contributions) of this Article, the individual apportionment expenses [referring to additional construction expenses (the outer complex road and park construction expenses, etc.), various charges for water supply and drainage, school site charges, development charges, farmland diversion charges, etc.), fees, interest and funds due to financing for the procurement of project costs (land costs), fees, interest and deficiency in the amount of funds, taxes and public charges due to the transfer of ownership of new apartment buildings, taxes and public charges due to the transfer of ownership of new apartment buildings, and other service expenses (referring to various impact assessment expenses, etc.) incurred additionally, but hereinafter referred to as "individual apportionment charges") that the defendant has to individually bear in addition to the cooperative members' contributions to be paid by the cooperative members, shall be

(6)

1. The contributions of its members (units: 1,00 won) set out above.

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