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(영문) 서울남부지방법원 2019.11.28 2019나56652
신청금반환 청구의 소
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. Defendant B’s regional housing association promotion committee (hereinafter “Defendant Association”) is an executor who newly constructs a named B regional housing association apartment at the Yeongdeungpo-gu Seoul Metropolitan Government D members and sells its business to its members (hereinafter “instant business”). Defendant C Co., Ltd. (hereinafter “Defendant Company”) is a company that vicariously carries out all business related to the implementation of the instant business, including authorization and permission.

B. On July 29, 2017, the Plaintiff entered into a contract with the Defendants to purchase the above apartment E (84m2) and to join the Defendant Association (hereinafter “instant agreement”) and remitted the amount of KRW 30 million to the F Co., Ltd. account designated by the Defendant Association.

Of the above application amounting to KRW 30 million, KRW 5 million was transferred to the accounts of members of the association, and KRW 25 million was transferred to the agency expense account.

C. Meanwhile, the Defendants issued to the Plaintiff a security-based guarantee certificate stating that “The receipt of the instant B-house housing association unit plan was scheduled at the end of December, 2017, and the Plaintiff would be returned to the members of the association upon the receipt of the instant district unit plan.”

Defendant Union did not receive a district unit plan until now.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff’s assertion 1) The Defendants agreed to return the amount of KRW 30 million, if the Defendant Union failed to receive a district unit plan by December 2, 2017 when concluding the instant association membership agreement. 2) Even if the instant association membership agreement is terminated due to a cause attributable to the Defendants, the instant association membership agreement that prevents the Plaintiff from claiming the return of agency fees is an unfair juristic act and thus null and void pursuant to Article 104 of the Civil Act.

3. The Plaintiff is a subscription contract at the time of entering into the instant partnership agreement.

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