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(영문) 전주지방법원군산지원 2015.02.05 2014가합545
계약금반환
Text

1. All of the plaintiffs' lawsuits against Defendant International Asset Trust Co., Ltd. are dismissed.

2. The plaintiffs' defendant.

Reasons

1. Basic facts

A. The Plaintiffs, who entered into each of the instant housing associations, decided to establish a regional housing association pursuant to the Housing Act in order to purchase the “H housing unit” (hereinafter “instant apartment unit”) to be newly constructed on the land of Gunsan-si I. The Plaintiffs entered into a regional housing association agreement (hereinafter “each of the instant apartment units”) with the committee for promotion of the Defendant HH housing association (one name H housing association; hereinafter “Defendant’s promotion committee”) as indicated in the separate agreement to join the regional housing association (hereinafter “each of the instant apartment units”).

B. On March 8, 2012, the Defendant Housing Association Promotion Committee concluded the instant fund management contract and the instant agency contract with the Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant International Asset Trust”) on behalf of the Defendant (hereinafter “instant fund management contract”) on the same terms and conditions as the indicated in the instant fund management agency contract, and concluded an agency contract (hereinafter “instant agency contract”) between the Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant International Asset Trust”) and the Defendant Good Development Co., Ltd. (hereinafter “Good Development”).

C. The Plaintiffs paid contributions to the members of the housing association in accordance with the subscription agreement of each of the instant housing associations, as shown in attached Table 4 members’ contributions to the account in the name of the Defendant International Asset Trust.

The instant apartment construction project was planned to move in on October 2015 after the completion of the instant new apartment construction project after selecting a scheduled apartment construction company as SK Construction Company on June 30, 2012 and completing the approval of the establishment of the association on October 2012. However, since the scheduled construction site was changed twice thereafter and the recruitment of union members was delayed, the said plan was completed after obtaining authorization of the establishment of the association on August 2013.

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