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(영문) 창원지방법원통영지원 2019.02.28 2017가단25146
계약금 반환
Text

1. The plaintiff A and C's main claim and the main claim of the plaintiff B are dismissed, respectively.

2. The plaintiff A and C are the defendant.

Reasons

Basic Facts

Defendant Union is a housing association established to build apartment houses of a regional housing association (hereinafter referred to as “instant project”) in the E Group at the same time and sell them to its members. On February 14, 2015, Defendant Union applied for the authorization to establish a housing association at the same time, and obtained the authorization on April 28, 2015.

I entered into an agreement on November 14, 2014 to enter into an association with the content that the apartment of a regional housing association that will be newly constructed with the Defendant association will purchase one household with an exclusive area of 74 square meters (F) on the apartment of a regional housing association; on November 19, 2014; on November 19, 2014, an agreement to enter into an association with the content that will purchase one household with an exclusive area of 59 square meters (G head); on December 30, 2014, one household with an exclusive area of 59 square meters (H head); and on December 30,

(hereinafter referred to as “each of the instant agreements”). On February 4, 2015, I transferred to Plaintiff C the status of union member with respect to F, the status of union member with respect to subparagraph (G), and the status of union member with respect to subparagraph (H) to Plaintiff B.

The share of KRW 35,00,000 for each of the contracts of this case (i.e., the sum of KRW 25,000,000 for the consulting service cost of KRW 10,000 for each of the contracts of this case) was paid.

I had a house of 85 square meters or more at the time of entering into each of the instant contracts.

Plaintiff

A and C were changed from a member of the household to a householder on February 2, 2015, and it was changed on May 18, 2016 to a member of the household.

On September 16, 2018, the Defendant Union held the next extraordinary general meeting; the case of approval for the dissolution of an association was resolved; and on October 17, 2018, the Defendant Union reported the dissolution of an association and received a decision to authorize dissolution from macroscopics.

【In the absence of dispute, Gap's evidence Nos. 1 through 8, Eul's evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings, the plaintiffs' assertion I, as a whole, could not become a member of the defendant union since the conclusion of each contract of this case. The defendant union was aware of this fact, and each contract of this case of this case.

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