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(영문) 수원지방법원 2021.01.19 2019나89043
계약금반환청구의 소
Text

1. In accordance with the main claim that was changed in this court, the defendant shall pay to the plaintiff KRW 32,219,000 and the plaintiff shall pay to the plaintiff on March 2019.

Reasons

Facts of recognition

The defendant is a regional housing association promotion committee that promotes the creation project of apartments with approximately 1 to 25 stories underground and approximately 1,400 households (hereinafter referred to as the "project of this case") by having Pyeongtaek-si C Day as a project implementation area.

On October 9, 2016, the Plaintiff received a certificate of safeness (hereinafter referred to as “instant agreement”) from the representative of the Defendant, and entered into an agreement with the Defendant to join the association (hereinafter referred to as “instant agreement”) with regard to the instant project by making the Plaintiff the subscriber as the partnership, the Defendant as the implementer, and the Defendant as the object of parcelling-out (tentative name).

A regional housing association (tentatively referred to as "B") shall guarantee that the full amount paid by its members shall be refunded by November 30, 2017 when the project plan is not approved.

( omitted) On October 8, 2016, Plaintiff 1,000-1,000-1,000-1,000-1,000-1,000-1,000-1, October 9, 2016-2, 2016-13, 13,000-13,000-2 2,000-2 3,000-7,000-2 3,000-2 31, 2000-2 31, 2000-3 31,5, 2017-2,003 2,00-3 31, 2017-3 31,5, 2000-3 3,000-3 3,000-3 200-3 3,000-3 203 201,29,209.

The Plaintiff, on January 24, 2019, notified that the Defendant’s housing association’s project promotion is delayed, and that the approval of the project plan itself terminated the agreement to join the instant association and refund the amount of payment pursuant to the instant agreement, and the said declaration of intent reached the Defendant on January 25, 2019.

[Ground of recognition] The plaintiff's primary assertion as to the ground of claim as to Gap's evidence Nos. 1 through 6 and the ground of claim as to the whole of the pleadings is without dispute. The defendant's primary assertion is from Pyeongtaek-si on September 26, 2016.

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