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(영문) 전주지방법원군산지원 2015.02.12 2014가단53689
계약금등반환청구
Text

1. The Defendant: (a) KRW 28,00,000 for the Plaintiff and KRW 5% per annum from February 20, 2013 to February 12, 2015.

Reasons

1. Basic facts

A. The Defendant Cooperative was established to promote a project to build apartment houses below national housing size and commercial buildings and ancillary facilities in the 226-dong, Gunsan-si, the 226-dong, Gunsan-si, and obtained authorization for the establishment of a housing association from the Gunsan-si on November 15, 201 with the number of its members 203, and obtained authorization for the establishment of a housing association several times thereafter.

B. On August 201, the Plaintiff entered into a contract with the Defendant Union to purchase one household among apartment units to be constructed according to the said project (hereinafter “instant contract”).

At the time of the instant contract, the Plaintiff paid 9 million won for the first down payment and 4 million won for the first down payment and 1 million won for the first agency payment, 9 million won for the second down payment and 4 million won for the second agency payment to the Defendant Cooperatives. After the establishment of the association was authorized, the Plaintiff paid 10 million won for the third down payment after the establishment of the association.

Accordingly, on August 24, 201, the Plaintiff deposited KRW 26 million with the account in the name of B, which was a broker for the instant contract, and KRW 10 million with the account in the name of an international trust corporation designated as the down payment account on November 18, 2011, respectively.

C. In the process of promoting the new apartment construction project of the Defendant Cooperative, the contents of the first advertisement and the promotion of the project, such as changing the time construction work several times, were different. On November 29, 2012, the Plaintiff issued a letter of confirmation that “I confirm that I will pay the down payment (28,000,000 won) and agency expenses (4,00,000 won) to the number of houses affiliated with the Gidong Regional Housing Association under the name of the Defendant Cooperative (hereinafter “instant letter of confirmation”).

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 shall be the regional housing association as provided in the Housing Act.

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