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(영문) 전주지방법원 2016.06.16 2015나3016
계약금등반환청구의소
Text

1. Revocation of a judgment of the first instance;

2. The Defendant: (a) KRW 15,000,000 for the Plaintiff and its related thereto, from February 20, 2013 to January 2015.

Reasons

1. The reasoning for the court’s explanation on this part of the premise is that the reasoning for the judgment of the court of first instance is the same as that for the corresponding part of the reasoning of the judgment, and thus, citing it as it is by the main text

2. Around August 2011, the Plaintiff asserted that the Plaintiff entered into a partnership agreement with the purport to purchase one household (106 Dong 1105) among the apartment units to be constructed according to the Defendant’s new apartment construction project (hereinafter “instant agreement”), and paid 26 million won as down payment and agency expenses to the Defendant.

On August 2012, the Plaintiff expressed his/her intent to cancel the instant contract to the Defendant and the Agency Esti Co., Ltd. (hereinafter “Esti”), and on December 6, 2012, the Plaintiff agreed to return to the Plaintiff the total sum of KRW 26 million and interest KRW 1 million paid by the Plaintiff by December 6, 2012, as well as KRW 27 million.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 15 million, which is a part of the down payment, etc. and damages for delay in accordance with the above agreement rescission.

3. Determination

A. Article 32(5) of the former Housing Act (amended by Act No. 11061, Sept. 16, 201; hereinafter “former Housing Act”) which provides for the qualification standards for members of a housing association in a housing association authorized to obtain authorization of the relevant legal principles (excluding workplace housing association under paragraph (3)), Article 32(5) of the former Housing Act (amended by Act No. 11061, Sept. 16, 201; hereinafter “former Housing Act”) (i) where many constituent members intend to establish a housing association to acquire or remodel a house

The same shall also apply where it is intended to change the authorized contents or dissolve a housing association.

(5) A housing association authorized under paragraph (1).

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