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(영문) 의정부지방법원 2017.12.20 2017가단8579
계약금 반환 (사기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The purport of the Plaintiff’s assertion is that the Defendant, as the representative of the C Housing Association, created an apartment complex (E) with six 1,764 households with six 5 stories underground above 3 stories above 55 stories above 1,764, on the site of 22,800 square meters above 3 stories above the 3.3 square meters above the 2020s, supplied the members with 7 million won per 3.3 square meters above the 3.3 square meters above the 3.3 square meters above the 2020s, was scheduled to move into the second half of the 2020,

The Plaintiff believed the above false public relations as a fact, and the Defendant applied for membership in the C Housing Association, a representative, and paid KRW 37,010,000 to the Defendant as a down payment.

As above, the Defendant is liable to pay 37,010,000 won and damages for delay that the Plaintiff paid to the Plaintiff, on the ground that it was unlawful for the Defendant to place an advertisement for soliciting partners and receive down payment, etc. from the Plaintiff who filed an application for joining the association.

2. The judgment of the Defendant is not sufficient to recognize only a health room and a document of evidence No. 2 as to whether the advertisement that the Defendant, in the name of the Speaker-si Association, is an advertisement with a false content that is an apartment building creation project of 1,764 above 3 stories underground and 55 stories above the ground is an apartment building creation project for 1,764 above the 55th unit above the 55th unit, and there is no other evidence to acknowledge it.

(2) In light of the above legal principles, the Plaintiff’s obligation to return the down payment to the Plaintiff is not the Defendant, even if the termination of the Plaintiff’s membership is legitimate. In this respect, the Plaintiff’s claim is without merit).

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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