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(영문) 전주지방법원 군산지원 2018.03.30 2017가합11904
분양대금 등 반환
Text

1. The defendant's each of the plaintiffs' 161,280,000 won and each of the above money stated in the column for "pre-sale price" in the attached Table.

Reasons

1. Facts of recognition;

A. The Defendant is a housing association established under the Housing Act and subordinate statutes in order to implement the construction project of J apartment (hereinafter “instant apartment”) in the Icheon-si, Kunsan-si. K Co., Ltd. (hereinafter “K”) entered into a construction contract on the instant apartment construction project with the Defendant, and L Co., Ltd. (hereinafter “L”) is the Defendant’s agency business.

B. On May 8, 2014, the Plaintiffs paid contributions to the Defendant and the Mutual Aid Association members for business expenses. The Plaintiffs concluded a mutual aid agreement with the Mutual Aid Association members to allocate each of the same subparagraph stated in the “object of Sale” column in the attached Table among the instant apartment buildings, but lost the status of the Mutual Aid Association members after the conclusion of the mutual aid agreement.

Accordingly, the plaintiffs are the amount calculated by adding the agency expenses to the contributions of the union members set forth in the contract of subscription to the union members equivalent to the contributions of the defendant and the original member agreement.

The term “sale price” in the attached Table “as indicated in [Attachment] means the purchase price as a general purchaser. On October 30, 2015, the Defendant and L prepared a written confirmation containing the following contents, and written an apartment supply contract with the Defendant on November 7, 2015.

(2) Each sales contract entered into by the Plaintiffs with the Defendant is classified as “instant sales contract,” “A,” “B,” and “ agency agent” (hereinafter the same shall apply to other contracts). However, the sales contract entered into with the Defendant was classified as being disqualified and entered into a general supply contract (as a member), and the total amount of agency expenses is to be reduced from an intermediate payment loan and be loaned. 2. Upon entering into a general sales contract, “B” and “B” mutually agree to designate the same as the same line under the contract of “B.”

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