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(영문) 창원지방법원 2019.08.23 2018가단114283
계약금 등 반환청구
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On August 25, 2015, the Defendant Cooperative’s promotion committee opened a house exhibition center on August 25, 2015 for the construction of a new regional housing association with a total of 1,922 households (pre scheduled) in the 1,922 households in Kimhae-si, and recruited its members on the basis of the phrases such as the prospective executor E and the completion of land purchase

B. On September 5, 2015, Plaintiff B entered into an agreement with each of the Defendant Partnership Promotion Committees on September 8, 2015, and Plaintiff A entered into an agreement with each of the Defendant Partnership Promotion Committees.

(Plaintiff B designated No. F, and Plaintiff A designated No. G; hereinafter “each of the instant contracts”). The main contents of each of the instant contracts are as shown in the attached Form.

Under each of the instant contracts, the Plaintiffs paid part of business promotion expenses and down payment to the Defendant as follows, and additionally paid KRW 5,000,000, which is a part of each of the secondary down payment on May 3, 2017.

B A

C. Defendant Union obtained authorization for the establishment of a partnership on April 3, 2017, and year 2018

3. 26. Approval of the said housing construction project plan;

On May 30, 2017, the Defendant Union released each of the instant contracts on July 11, 2017 on the ground that Plaintiff B’s failure to meet the Plaintiff’s membership qualification and failure to pay the Plaintiff’s contributions.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 7, and the purport of whole pleadings

2. Whether to cancel each contract of this case (the main cause of claim) the Plaintiffs sought explanation from the Defendant Cooperative that all the land in the instant project site was purchased, and concluded the contract of this case. In fact, the Plaintiffs asserted that each contract of this case was cancelled on the ground of fraud, since the purchase of the land was not completed by 100% but was falsely notified.

According to Articles 18-2(1) and 32 of the former Housing Act (Act No. 12646, hereinafter the same), and Article 37 of the Enforcement Decree of the same Act, a person who intends to obtain authorization to establish a regional housing association shall secure a right to use land equivalent to at least 80% of the site of the relevant housing construction.

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