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(영문) 전주지방법원 군산지원 2018.03.30 2017가합12228
분양대금 등 반환
Text

1. As to KRW 182,280,00 and KRW 161,900 among them, the Defendant shall pay to the Plaintiff KRW 20,380,00 from August 1, 2017.

Reasons

1. Facts of recognition;

A. The Defendant is a housing association established under the Housing Act and subordinate statutes in order to implement the construction project of J apartment (hereinafter “instant apartment”) in the Icheon-si, Kunsan-si. K Co., Ltd. (hereinafter “K”) entered into a construction contract on the instant apartment construction project with the Defendant, and L Co., Ltd. (hereinafter “L”) is the Defendant’s agency business.

B. The Plaintiff was a member of the Plaintiff, who paid the shares of the Plaintiff for the business expenses with the Defendant, and concluded a membership agreement to allocate Q Q from the apartment of the instant apartment. However, after concluding the membership agreement, the Plaintiff was found to be disqualified as a member and lost its status.

Accordingly, the plaintiff is the amount calculated by adding the amount of the same subparagraph set forth in the original contract with the defendant to the contributions of the union members equivalent to the contributions of the union members.

On October 30, 2015, 203, 203, 800, 2000, agreed to purchase the housing as a general purchaser, prepared a written confirmation containing the following contents with the Defendant and L, and drafted an apartment supply contract with the Defendant on November 7, 2015.

(hereinafter) The Plaintiff entered into a sales contract with the Defendant (hereinafter “instant sales contract”) and the apartment supply contract entered into with the Defendant (hereinafter “instant supply contract”). The Defendant is “A” and the Plaintiff’s “B”.

(hereinafter the same shall also apply to other contracts). 1. A member was admitted to B; however, it was classified as disqualified and became subject to a general sales contract.

(as a member, the full amount of agency expenses shall be reduced from the intermediate payment loan to receive a loan.

2. Upon entering into a contract for the supply of goods in general by units B, Gap and Byung mutually agree to designate as the same use water in the contract of units B.

C. As to the rescission, etc. of the instant supply contract, the following are stipulated in the instant supply contract.

§ 5 (Cancellation of Contracts) (2).

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