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(영문) 창원지방법원진주지원 2020.08.18 2019가단39238
분담금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant was a regional housing association established for the purpose of constructing an apartment and supplying it to homeless persons, etc. (hereinafter “instant business”), and obtained authorization to establish an association on January 4, 2017.

B. On December 16, 2016, the Plaintiff signed and sealed a partnership joining agreement with the Defendant’s promotion committee to be supplied with one household of 74-B, among the apartment units to be newly constructed pursuant to the instant project (hereinafter “instant subscription agreement”), and attached thereto, stating that “the Defendant’s project plan and the project plan modified and adjusted in the process of the project implementation in the future, and does not raise any objection thereto” (hereinafter “instant subscription agreement”).

(hereinafter referred to as “project plan consent”). (c)

Since then, the plaintiff paid 51 million won in total to the defendant side as a partner contribution.

[Ground of recognition] The fact that there is no dispute, Gap 2, 5 evidence, Eul 10 evidence (including each number; hereinafter the same shall apply), the whole purport of pleading

2. The plaintiff's ground for claim

A. In the process of concluding the instant subscription agreement, the Defendant falsely notified the Plaintiff of the acquisition rate of the project site, the schedule for the progress of the project, the membership recruitment rate, etc., and caused the Plaintiff to mistake as if it could be supplied with the specific club.

The Plaintiff concluded the instant subscription contract by deceiving the Defendant as above, and thus, revoked the instant subscription contract on the ground of deception.

B. According to the instant subscription agreement, when there is a change in the number of units of Dong and Dong due to a change in the number of units of Dong and Dong during the process of promoting the project, the Plaintiff may terminate the instant subscription agreement and recover part of the paid amount.

In light of the progress of the project, it is evident that the Plaintiff could not be supplied with a specific Dong and unit that was designated at the time of the accession contract, and the Defendant shall pay at least the cancellation fee equivalent to the above amount to the Plaintiff.

(c).

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