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(영문) 광주지방법원 2019.09.19 2018가단29660
계약금반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff (Appointed Party) A and the Appointed D, each of which is KRW 19,000,000 and KRW 23,000 to the Appointed E.

Reasons

1. Determination as to the claim against the defendant B Housing Association

A. Facts of recognition 1) Plaintiff A and D are: (a) Plaintiff A and Plaintiff E are the Defendant B Housing Association on July 1, 2017; and (b) Plaintiff E are the Defendant B Housing Association on June 11, 2017 (hereinafter “Defendant Association”).

Of the F apartments constructed by the Defendant Cooperative, Plaintiff A, Plaintiff D, and Plaintiff E are entitled to purchase title I, and Plaintiff E are entitled to purchase title I and join the Defendant Cooperative (hereinafter “instant partnership subscription agreement”).

(2) Upon entering into the instant agreement, the president of the partnership, who was the representative of the Defendant partnership, was in office as the representative of the Defendant partnership until July 20, 2018.

The J prepared the contract form for joining the instant association with the plaintiffs and affixed the seal of the Defendant Union in the form of confirmation of the allocation of the same subparagraph, but the representative of the Defendant Union affixed the seal of the J personal name in the form of representative of the Defendant Union.

3) Under the instant agreement to join the association, Plaintiff A and D paid KRW 19 million each, and Plaintiff E paid KRW 23 million each to the Defendant Association as down payment, etc.

However, on March 21, 2018, when filing an application for authorization to establish a housing association with the head of the Gwangju Metropolitan City Mining Association, the defendant union stated the scale of apartment houses to be constructed by the defendant union as the first and fifth above ground level.

5) As the Plaintiffs demanded the rescission of the instant partnership agreement on July 1, 2018 on the grounds that the Defendant Union provided information different from the facts, the representative of the Defendant Union provided the Plaintiffs with the following written agreement (hereinafter “instant agreement”) on July 1, 2018.

(tentative) The president of the B Housing Association: J (hereinafter referred to as “A”)

“A” does not mean that the sales agent does not have additional contributions when the plaintiffs join the defendant association.

At least 95% of the land has been secured.

An intermediate payment;

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