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(영문) 서울중앙지방법원 2013.10.24 2013가합3540
분담금 및 업무추진비 반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

(1) The Plaintiff is a member of the tentative-Named District Housing Association (hereinafter referred to as the “instant apartment”) in order to purchase an apartment of the “C” regional housing association (hereinafter referred to as “instant apartment”) to be newly built on the land of Seongbuk-gu Seoul Metropolitan Government B.

(2) The Dominin chips Co., Ltd. (hereinafter “Dominin chips”) is a company that entered into a partnership agency business service contract with the instant provisional name association, and the Defendant is scheduled to enter into a business agreement with the Dominin chips as set forth below to be a company that will be newly built for the future by concluding the business agreement as set forth in the following D.

On November 17, 2009, the Plaintiff entered into the instant association and entered into the instant association agency contract with the name of the instant association and the name of the chip agent, and paid the association members’ contribution, etc. and sold the instant apartment building to one household (the supplied area of 112 square meters, 34 square meters). However, the Plaintiff entered into the association membership agreement and the association agency agreement with the content that allows the Dominchip agent to act on behalf of the Dominchip agent (hereinafter “instant agreement”). The main contents are as stated in the attached agreement.

The Plaintiff deposited the total amount of KRW 20,000,000 on November 10, 2009, and KRW 5,000,000 on November 17, 2009, and KRW 20,000,000 on November 19, 2009, in the account under the name of the Defendant as the expenses for business promotion under the instant contract. The Plaintiff deposited the total amount of KRW 20,000,000 on November 25, 2009, under the name of the members of the Plaintiff, in the account under the name of the Defendant. The Plaintiff deposited the total amount of KRW 23,00,000 on January 20, 2010, KRW 23,000,000 on March 19, 2010, KRW 300,000 on May 20, 2000, under the name of the Defendant.

(1) The progress and current status of the construction project of the new apartment of this case (1) is originally different from each of the E and F owners of the land of E and F.

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