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(영문) 전주지방법원군산지원 2014.06.12 2013가단53385
기타(금전)
Text

1. The Defendant’s KRW 32,00,000 as well as annual 5% from February 20, 2013 to September 23, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant Cooperative was established to promote the construction of apartment houses below national housing size, commercial buildings, and auxiliary facilities in the Gunsan-si C Group, and was authorized to establish a housing association from the Gunsan-si on November 15, 201 with 203 members of the association on November 15, 201, and was authorized to revise several times thereafter.

B. On October 10, 201, the Plaintiff entered into a contract with the Defendant Cooperative to purchase one household (hereinafter “instant contract”) among the apartment units to be constructed under the said project (hereinafter “instant contract”) with the Plaintiff as a member of the Defendant Cooperative, and accordingly, entered into a contract to purchase the said apartment units (hereinafter “instant contract”). From October 10, 201 to November 28, 201, the Plaintiff paid 28 million won in total to the account designated by the Defendant Cooperative (on October 15, 2011; KRW 9 million on October 19, 201; KRW 17,8 million on November 28, 201; KRW 17,000 on November 28, 2011; KRW 17 million on November 28, 2011; KRW 17 million on November 14, 2011; and KRW 8 million on agency business expenses (each of the instant contract).

C. In the process of promoting the new apartment construction project of the Defendant Union, the contents of the first advertisement, including the alteration of the time construction work several times, and the contents of the promotion of the project were different. On June 13, 2012, the Plaintiff received a written confirmation (hereinafter “written confirmation of this case”) stating, “I confirm that I will pay the down payment (28,00,000 won) and agency expenses (4,000,000 won) to the number of houses affiliated with the Defendant Union under the name of the Defendant Union after requesting the cancellation of the contract of this case to D, the president of the Defendant Union.”

On February 19, 2013, the Defendant Cooperative obtained the approval of the project plan for the new apartment construction project from the Gunsan Market.

E. The content of the Defendant Union’s bylaws at the time of entering into the instant contract is as follows.

Article 2 (Purpose) This Code provides for matters necessary for the projects of regional housing associations under the Housing Act, thereby protecting the rights and interests of its members and promoting the projects.

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