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(영문) 수원지방법원 2017.02.16 2015가합1904
분양대금반환청구 등
Text

1. The Defendant’s KRW 28.7 million to the Plaintiff and the Plaintiff’s 5% per annum from March 12, 2015 to February 16, 2017.

Reasons

1. Basic facts

A. A. Around September 2013, the Plaintiff entered into a membership agreement (hereinafter “instant agreement”) with the Defendant, and the Plaintiff entered into a membership agreement (hereinafter “instant agreement”) with the Plaintiff as a member of the C apartment 33 square meters household, and drafted a membership agreement (hereinafter “instant agreement”), which includes the following. In addition, the Plaintiff also entered into a business plan agreement, written consent, written consent to the selection of a representative, written consent to the selection of a representative, written consent to the selection of a partnership, written consent to the selection of a representative, written consent to the sharing of administrative information, written consent to the interim payment, written consent to the lending,

Since then, the Plaintiff paid the Defendant KRW 189 million in total and KRW 13.2 million in agency fees, including the down payment of KRW 24.7 million under the above contract.

Article 3 (Contributions to Members)

1. A member who is an applicant for a supply (hereinafter referred to as “B”) shall pay as a member land purchase costs, building works, design supervision costs, removal costs, model voucher construction costs, civil petition treatment costs, and other project costs necessary for a housing construction project within the following time-limit:

2. The amounts of such contributions determined by setting the sale price on the basis of the reference floor, in which there are any difference or change in contributions according to the floors, the number of floors, and the amount of contributions determined on the basis of the same subparagraph thereafter, shall be determined later.

(3) If the amount of contribution is determined pursuant to paragraph (2) above, the amount of contribution determined shall be paid on the schedule and date of the payment, but the increased amount of contribution shall be reduced according to the ratio of the total amount of the contribution to the amount of the contribution to the amount of the contribution.

2. In the process of authorization and permission for the business, there may be an increase or decrease in the sale area and a change in the scale, and consent shall be obtained without an objection to the changed

3. Members' contributions shall include various acquisition tax, registration tax, stamp tax, development charges, charges for school sites related to the project;

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