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(영문) 서울서부지방법원 2020.08.11 2020나40997
금전반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. (tentative Name) The Committee for Promotion of the Regional Housing Association (hereinafter “instant Committee”) established to promote the apartment development project (hereinafter “instant project”) by designating one project implementation district as the project implementation district of Pakistan-si D. Around June 2, 2017, the Defendant entered into a fund management agency contract with the instant committee and its agent (formerly changed to “FE”) whereby the Defendant is entrusted with the fund management work of the instant project by the Committee.

(hereinafter “instant agency contract”). (b)

On February 4, 2018, the Plaintiff and the instant committee set forth in Article 2(4) of the instant agency agreement that “F apartment G (F)” as the subject matter of sale with respect to the instant project, and that the Plaintiff’s association members are expected to use all the project costs, such as purchase cost, construction cost, service cost, and union operation cost, to be paid to the regional housing association to acquire ownership of the object building from the regional housing association after the completion of the instant project.

Under the name of KRW 176,250,000 and agency service expenses, a cooperative member's subscription contract to pay KRW 16,50,000 each (hereinafter referred to as "instant subscription contract") has been concluded, and the total amount of the agency service expenses has been deposited into an account in the name of "C Regional Housing Association" as stipulated in the instant subscription contract, and the said cooperative member's contributions have been deposited in the account in the name of the defendant.

C. On the other hand, the committee of this case prepared a "certificate of safeness that "if the competent authority fails to receive a proposal for designation of an urban development zone by the end of July 2018, the committee will terminate the subscription contract of this case and refund the full amount of the union members' contributions and service agency expenses paid," at the time of the conclusion of the subscription contract of this case."

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