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(영문) 수원지방법원 2019.01.30 2017나87876
계약금 및 중도금 반환청구
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The defendant is the project implementer of the apartment of the district B district housing association located in the G district in the Geosung City (hereinafter referred to as "the apartment of this case").

B. On March 17, 2015, the Plaintiff is entitled to the Plaintiff’s membership agreement to designate and be supplied with No. D equivalent to “59m2,” among the instant apartment units.

Upon concluding the contract, the Defendant E Co., Ltd., on March 19, 2015, remitted the contract deposit of KRW 15,000,000, and KRW 25,620,000 in total, including KRW 10,620,00 of the first intermediate payment, and KRW 10,620,00 on July 23, 2015. Article 13 (Cancellation of Contract) A (Defendant) may terminate the contract immediately without the peremptory notice of performance, and in this case, the eligibility of the Plaintiff as a member of the contract may be lost, and Eul shall not raise any objection or criminal charge against it.

6. When he loses his qualification as a housing association member under the related Acts and subordinate statutes;

9. Other cases where the implementation of a project is deemed impossible due to failure to cooperate in the implementation of this Agreement or failure to comply with the consultation, etc. without any justifiable reason in carrying out this project, Article 14 (Refund of Contributions, etc.) (1) If he/she becomes disqualified due to any reason referred to in the subparagraphs of Article 13 (Cancellation of Contracts) (1) If he/she becomes disqualified due to any reason referred to in the subparagraphs of Article 13 (Cancellation of Contracts), he/she may be refunded only

1. A refund shall be made to the account of the head of Tong B by deducting 10% of the total amount of charges per household from the contributions paid by members, as penalty;

Article 16 (Special Agreement) (1) inevitably accompanied by a change of a project plan (area, location, number of households, unit of household, etc.) in the progress of the project, A shall be notified in writing to B, and in such cases, a partner who entered into a contract with A shall maintain the effect of the contract for sale in lots.

C. The main contents of the instant contract are as follows.

D. The defendant shall reflect the construction cost, the situation of sale, etc. in the complex.

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