(영문) 부산지방법원 2017.06.15 2016가단39688

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(영문) 부산지방법원 2017.06.15 2016가단39688

계약금반환

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1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 16, 2015, the Plaintiff entered into a membership agreement with the Defendant Union, which is a regional housing association, and paid KRW 20 million on July 16, 2015 and KRW 22,00,000 on October 26, 2015, respectively, to pay KRW 42,000,000 (hereinafter “the instant money”).

B. On April 13, 2016, the Defendant Union decided to modify the design by opening an extraordinary general meeting. This led to the Plaintiff’s change in the family room scheduled to be purchased initially.

C. On May 21, 2016, the Plaintiff prepared and delivered an application for termination of the contract with the Defendant Union as shown in the attached Form.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings

2. The plaintiff asserts that the defendant union should return the money of this case to the plaintiff, since the plaintiff believed that the loan was made immediately at the time when the termination of the contract was requested, but the loan was not yet made.

As to this, the defendant asserts that, in principle, the refund of termination of the contract under the provision shall be paid at the time of re-sale and entry of the down payment. However, even before that time, the plaintiff and the plaintiff shall pay the money within one month after payment of the land price if the loan is implemented, and since the loan is not yet implemented, the plaintiff cannot respond to the plaintiff's request.

3. The facts that the project of this case was delayed more than the originally anticipated is recognized by the aforementioned evidence and the purport of the entire pleadings.

However, as shown in the attached Form, the application for termination of the contract prepared and submitted by the Plaintiff states, “The consent shall be given within one month after the execution of the loans from the hub of financial rights,” and this is a kind of condition (a disposition document shall be interpreted in accordance with its stated contents unless there are special circumstances). It does not yet implement the loans from the hub of financial rights promoted by the Defendant Union.

유사 판례

-부산고등법원 (창원) 2018.08.08 2017노332

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