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(영문) 춘천지방법원강릉지원 2020.05.26 2019가합30795
분담금반환
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant as the parties (hereinafter “Defendant Association”) was authorized to establish a regional housing association established under the Housing Act in order to carry out a project to build a collective housing at the J branch of Gangseo-si (hereinafter “instant project”), and was authorized by the Gangseo-si mayor on June 2, 2017.

B. 1) The Plaintiffs enter into an agreement to enter into an association with the content that they would purchase one household among the apartment houses of the district housing association to be newly constructed after joining the Defendant association and the Defendant association as a member of the association on the date and time set forth in each of the following [the table] (hereinafter “each of the instant agreements to enter into an association”).

(2) The Plaintiffs paid the following money from the date of concluding each of the instant agreements to join the association, under the name of the Defendant Union’s contribution, etc., and the total amount of such payment is as indicated in the “total amount of payment” column.

The contract that was concluded by K on March 29, 2017, the total amount of payment (units: won) on March 29, 2017 between A and B and B on March 180, 2017, 178,000 C on March 29, 2017, which was concluded by K on March 25, 2017, 80,000,000 D on April 17, 2017;

C. Of the contents of the instant agreement to join the association, the main parts pertaining to the instant case are as follows.

목적물의 표시 강릉시 J 일원에 건립예정인 공동주택 총 467세대 ◎ 사업 개요 다만 원고 A의 조합가입계약서에는 사업개요에 관한 기재가 없고, 원고 E, F의 각 조합가입계약 중 사업개요에 관한 부분은 “공동주택규모 총 318세대, 대지면적 19,356㎡, 전체연면적 39,680.96㎡, 용적율 194.78%, 건폐율 18.50%, 건축규모 지하 2층, 지상 25층 6개동 아파트 및 부대복리시설”로 기재되어 있다.

1. Site area: 23,842 square meters;

2. A building outline (1) Total floor area: 46,013.32 square meters on the ground of 59,894 square meters;

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