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(영문) 부산지방법원 2020.11.26 2019가단310456
분담금반환
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On October 24, 2017, Plaintiff A entered into a membership agreement with Plaintiff B, March 21, 2017, and Plaintiff C, April 17, 2017, with the establishment promotion committee of the regional housing association that is a telegraphic body of the Defendant, to construct and sell an apartment of the regional housing association to its members (hereinafter “instant project”), and entered into a membership agreement to be supplied with an apartment to be newly constructed as the instant project (hereinafter “instant purchase agreement”).

B. In entering into the instant subscription agreement, Plaintiff A received a certificate of safe assurance from the Committee for Promotion of the Establishment of the D Regional Housing Association with the following contents and received a certificate of safe assurance, but the reasons for refund of the contributions (including agency expenses) are stated as “where the land is not secured and the progress of the project is not possible”.

(hereinafter referred to as the “instant arrangement”). (tentatively, the Committee for Promotion of Regional Housing Association (tentatively referred to as the “Agreement”) promises to perform the following in promoting the project of the Regional Housing Association in Suwon-gu Busan Metropolitan City, Suwon-gu E, and undertakes to refund all the contributions of the association members (including agency expenses) paid at the time of entering into an agreement with the association members upon the failure to perform the project.

When an application for authorization for establishment of a partnership is not made until July 31, 2018 when the land is not secured and the application for authorization for establishment of a partnership is not made. However, when the project is being implemented normally, it is treated as the contents of the partnership agreement if the partner's cause (a lack of qualification or simple change, etc.) is terminated.

C. The Plaintiffs paid the sum of KRW 36.2 million, including each down payment of KRW 23 million, administrative service charges of KRW 13.2 million, to the Establishment Promotion Committee of the D Regional Housing Association (hereinafter “instant contributions”), as stipulated in the instant subscription agreement.

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