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(영문) 부산지방법원 2020.01.23 2019가단8913
분양대금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Summary of and determination on the plaintiff's claim, etc.

A. A. The summary of the claim, etc. (1) The defendant union is a union established to promote the building project of apartment units in Japan, including North-gu Busan Metropolitan City, North-gu C, and the plaintiff is a member of the defendant union.

On December 2, 2016, the Plaintiff entered into an agreement to enter into an association with the Defendant’s Union having the Defendant purchase of a lot of 84Am2, a group of 4Am2, and the Plaintiff paid KRW 60,000,000 to the Defendant on December 15, 2016, including the down payment of KRW 10,000 on December 15, 2016, the second down payment of KRW 25,000,000 on January 30, 2018, and the first installment payment of KRW 25,00,000 on January 30, 2018.

On February 2, 2019, the Defendant Union notified the Plaintiff that the result of the examination by the Ministry of Land, Infrastructure and Transport review, and that the Plaintiff was notified of the Plaintiff’s membership qualification, and that the Plaintiff was transferred to a third party.

(2) As of May 10, 2019, the Plaintiff sent to the Defendant Partnership a certificate of content that the said agreement will be terminated.

Therefore, as the above contract is terminated, the defendant union is obligated to pay the money stated in the primary claim to the plaintiff.

In addition, the defendant union has a duty to pay the sum of KRW 70,000,000 including the sum of KRW 20,000,000, which is a double of the down payment, as the contract terms stipulated in the contract for joining the union.

B. (1) The fact that the Plaintiff and the Defendant partnership entered into an agreement between the Plaintiff and the Defendant partnership, and the fact that the Plaintiff would pay KRW 60,000,000 to the Defendant partnership according to the said agreement does not conflict between the parties.

(2) As to whether the Plaintiff had the right of termination, etc. stipulated in the contract to join the association, whether there was a tort, such as a breach of the contract to join the association, and whether the Plaintiff may terminate the contract to join the association, the purport of the entire pleadings is recognized or added to the statement in the evidence Nos. 1, 2, 3, and 1.

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