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(영문) 광주지방법원 2019.01.11 2018가단7356
조합원분담금반환
Text

1. The Defendant’s KRW 36,00,000 as well as 5% per annum from August 10, 2017 to March 9, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On March 2016, Gwangju Metropolitan City related to the improvement plan of the Gwangju Metropolitan City Mayor reflected the whole zone of Gwangju Metropolitan City, Dong-gu, Gwangju Metropolitan City (hereinafter referred to as “instant improvement zone”) as an area scheduled to be improved according to the Gwangju Metropolitan City and the Master Plan for the Improvement of Urban Areas and Dwelling Conditions in Gwangju Metropolitan City. On July 13, 2017, the first decision was made at the designation of the Seoul Metropolitan City Urban Planning Committee on Rearrangement Zones.

B. On April 20, 2017, the Plaintiff entered into a contract with the Defendant to purchase an apartment (E heading exclusive area of 61 square meters) in the Defendant’s Housing Promotion Center, which is promoting a housing redevelopment project in the Dong-gu Seoul Special Metropolitan City (hereinafter referred to as “instant association membership contract”).

(2) On April 20, 2017, the Plaintiff paid KRW 5,000,000, out of the first down payment, to Nonparty F’s account at the Defendant’s request. On April 22, 2017, the Plaintiff paid KRW 15,000,000 for the remainder of the first contract and KRW 20,000 for the second down payment on June 2, 2017, respectively, to the HF account (I) of G Co., Ltd., the Defendant’s receiving management agency.

C. 1) However, on December 27, 2016, the Defendant is the head of Dong-gu, Gwangju Metropolitan City (hereinafter referred to as the “head of Dong-gu”) where the redevelopment project area is being promoted by the Defendant on December 27, 2016.

Along with the improvement zone of this case promoted according to the Seoul Metropolitan City Mayor’s basic plan for urban and residential environment improvement, the Defendant’s redevelopment project is difficult to implement, and the head of the Dong/Dong sent a public notice to the purport that “the Defendant excluded the Defendant from the amendment of the basic plan on the portion of 19,611 square meters of the project site in progress and the land interfered with.” Accordingly, the head of the Dong/Dong shall promote a residential environment improvement project due to the failure to meet the designation requirements of the improvement zone if he/she excluded the overlapping zone from the overlapping zone as an area with high significance to the residential environment improvement project as a result of gathering residents’ opinions on January 3, 2017 through the presentation of residents and

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