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(영문) 부산지방법원 2019.02.12 2018가단312349
계약금 등 반환 청구의 소
Text

1. The defendant,

A. 28,00,000 won for Plaintiff A and 37,000,000 won for Plaintiff C and each of them on June 2, 2018.

Reasons

1. Facts of recognition;

A. The defendant is a regional housing association that implements a new construction project of Filwon-gu Busan Metropolitan City. The plaintiffs are those who prepare a contract for joining the regional housing association and pay the down payment with the defendant to become the defendant's members.

B. On December 20, 2014, Plaintiff A entered into a contract with the Defendant (the E Regional Housing Association at the time of entering into a contract for membership; hereinafter the same shall apply) to deposit KRW 42 million (including business promotion expenses of KRW 12 million) as the Defendant’s partner with respect to collective housing G, and accordingly, Plaintiff A deposited KRW 42 million as the contract deposit in the account of the trust company designated by the Defendant pursuant to the “the schedule on the subscription fee, contribution and payment schedule of business promotion expenses.”

B. On December 2014, 2014, Plaintiff B entered into a contract with the Defendant to join the Defendant’s members of the down payment of KRW 42 million (including business promotion expenses of KRW 12 million) as to collective housing H, and accordingly, Plaintiff B deposited the down payment of KRW 42 million into the trust company account designated by the Defendant.

On July 20, 2015, Plaintiff C entered into a contract with the Defendant to join the Defendant as a member of the contract deposit of KRW 45 million (including KRW 8 million business promotion expenses) with respect to collective housing I. Accordingly, Plaintiff C deposited down payment of KRW 45 million into the trust company account designated by the Defendant according to “the schedule of payment of union subscription fees, contributions and business promotion expenses” as indicated in the contract.

(c) Major contents of a contract for joining a regional housing association: Article 7 (Expenses for Subscription to Membership, Contribution and Business Promotion Expenses): since the paid business promotion expenses are the fees for cooperative business, no return shall be made in any case. Article 9 (Loss of Members' Qualifications): An subscription money out of the paid down payment, where a member withdraws and is expelled ex officio pursuant to paragraphs (1) and (2).

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