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(영문) 창원지방법원 진주지원 2018.09.21 2018가단31329
기타(금전)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a regional housing association established to carry out the business of newly constructing and selling 1,147 apartment units for the lease in Sacheon-si, E, and the plaintiffs are the members of the defendant association.

B. On February 14, 2017, Plaintiff A entered into a regional housing association agreement (hereinafter “instant subscription agreement”) with the Defendant on March 7, 2017 with respect to Plaintiff A’s apartment 101 Dong 1102 (only the same subparagraph) that the Defendant would build in the future. As to Plaintiff B’s 101 Dong 501, March 7, 2017, Plaintiff C entered into an agreement with the Defendant on the purchase of the regional housing association (hereinafter “instant subscription agreement”).

C. On February 14, 2017, Plaintiff A paid KRW 34,000,000, totaling KRW 17,000,000 for the first down payment and KRW 17,000 for the second down payment on June 26, 2017, and KRW 15,000,000 for the first down payment on March 6, 2017, respectively, and KRW 15,000,000 for the second down payment on June 26, 2017, respectively, to the Defendant. D.

At the time of entering into the instant subscription contract, the number of apartment units originally planned by the Defendant during the process of obtaining the authorization and permission was changed from 28 to 25 floors. Accordingly, as the business plan was partially changed and the number of households increased from 1,147 to 1,306 units, 101 units that the Plaintiffs agreed to purchase were changed from 1,305 units as shown in the attachment No. 2, and 101 units were newly arranged on the front side of 105 units.

E. On December 26, 2017, the Plaintiffs notified the Defendant of the fact that “The instant subscription contract was cancelled, and the down payment that was already paid by January 5, 2018,” respectively.

F. The main contents of the instant subscription agreement are as follows.

In constructing apartment houses of D Regional Housing Association (hereinafter referred to as "multi-family housing") in Dongcheon-si, Gyeongcheon-si, the D Regional Housing Association (hereinafter referred to as "A") which is a project undertaker and the cooperative members who apply for joining the same association (hereinafter referred to as "B") shall be the principle of mutual trust and good faith with respect to one household unit of the association apartment scheduled for the future construction.

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