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(영문) 부산지방법원 2020.10.16 2019나53518
계약금반환 청구의 소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. On April 29, 2014, the Defendant: (a) held an inaugural general meeting on the ground of Busan Shipping Daegu C in order to promote a new project for constructing multi-family housing pursuant to the Housing Act (hereinafter “instant project”); (b) held an inaugural general meeting on April 29, 2014, elected the head of the association as a representative; and (c) enacted the association regulations

B. (1) The Plaintiff’s ASEAN, the Plaintiff’s ASEAN, appears to be a regional housing association promotion committee (B) as of August 23, 2013.

A) A contract under which the Defendant’s partner will join to be supplied with F among multi-family housing constructed in accordance with the instant project (hereinafter “instant partnership subscription contract”).

(2) On January 21, 2015, the Defendant changed a member under the instant partnership agreement to the Plaintiff and re-written the subscription agreement.

3) Meanwhile, under the agreement to join the instant association, E is a Defendant’s member of the instant association, G Co., Ltd. (hereinafter “G”) as a partner’s share of the project cost necessary for the housing construction project, such as land purchase cost

As a result, 3,00,000 won on August 16, 2013, 3,000,000 won on the 19th of the same month, and 10,745,000 won on October 10 of the same year, and 10,745,000 won on July 21, 2014, respectively.

C. Around February 16, 2015, the defendant applied for the authorization to establish the housing association and the return of the housing association to the head of the Shipping Authority, but the head of the Shipping Authority applied for the authorization to establish the housing association.

3.3. ① The lawful right to use the instant prospective project site (the consent of at least 80%) has not been secured. ② Under the instant project plan, the maximum height of the building in each block exceeds the maximum standard of 148m (49m) for each block (149m). ③ The instant prospective project site is already stock company prior to the Defendant’s application for authorization to establish the housing association.

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