(영문) 서울고등법원 2015.11.06 2015나16431

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(영문) 서울고등법원 2015.11.06 2015나16431

매매대금반환

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 Plaintiff’s Intervenor was a regional housing association established to promote a housing construction project in the GJ of the Gyeonggi-si (the present address was changed to G in Gwangju City; hereinafter, regardless of whether it was before or after the change of address, and the Defendant was a member of the Plaintiff’s Intervenor.

B. On March 18, 200, the Plaintiff’s Intervenor entered into an apartment supply contract with the Defendant, a member of the Plaintiff’s Intervenor, with respect to the supply amounting to KRW 138,000,00 with respect to the 34 square-type one household (hereinafter “instant apartment”) that will be implemented and constructed by the Plaintiff’s Intervenor.

The Defendant paid the Plaintiff’s Intervenor KRW 50,000,000, in total, the down payment and the second intermediate payment.

At the time of indication of the object, the contribution of Article 1 members of the G E-House Housing Association, 34 square meters of the object.

1. The defendant shall pay the contribution within the payment period according to the following schedule.

The balance of the supplied contract deposit and the intermediate payment 13th 4th 5th 6th 7th 6th 7th - the date after the approval of the business on July 20, 200 at the time of the contract and the date after the separate notification of the amount 138,000 20,000 20,000 20,0000 13,000 13,000 13,000 13,000 13,000 13,000 18,000 18,000 and the succession procedures shall be succeeded through the Housing Construction Promotion Act, the related laws and regulations, and the approval of the Plaintiff’s Intervenor, and the succession procedures shall be succeeded by the Plaintiff’s Intervenor through the confirmation and seal of the succession.

Article 10 Other

3.With respect to the matters not stated in this Agreement, it shall be in general with the covenant of the Association, the written contract for construction works, and relevant laws and regulations.

C. The Defendant, around February 2004, paid the purchase price of KRW 108,00,000 to the Plaintiff’s Intervenor in relation to the instant apartment.

참조조문

-주택건설촉진법

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