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(영문) 서울중앙지방법원 2014.12.12 2013가단212590
계약금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 15, 2013, the Plaintiff reported the advertisement of members of the B Housing Association (which was changed to C Housing Association; hereinafter “the instant association”) and visited the model voucher for the recruitment of the members run by the Defendant, and provided an explanation of the location and expected market price of D apartment buildings to be completed by the Defendant.

B. After hearing the explanation from the defendant, the plaintiff prepared an application for membership of the association of this case at the above model cargo sales office on the day, and deposited KRW 1,000,000 out of the down payment 30,000,000 to the Asian Trust account designated by the defendant.

C. Since July 16, 2013, the Defendant deposited the remainder of KRW 29,00,000 in addition to the said account from July 18, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 5 and 6, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant: (a) even though, on January 2013, before the Plaintiff joined the instant association, the apartment construction project, which was to be constructed as a new apartment construction project implemented by the instant association, was “this apartment construction (the brand name of apartment, brust tons)” but the contract between the instant association and the completion construction was terminated; (b) even though the Sinsi Construction became final and conclusive around October 2013 as “Yansan Construction,” the Defendant concealed such circumstances against the Plaintiff; and (c) acquitted the instant association as if the instant apartment construction project was to be built by the instant association would be a brust apartment for the completion of the construction.

B. In addition, the Defendant did not explain to the Plaintiff that 85 households out of 374 apartment units that will be completed as a new construction project of the instant association, among the 374 households, become the Gangwon-gu Housing

C. The association of this case is at the stage of the Housing Association Promotion Committee which did not obtain the authorization of the regular establishment from the competent administrative agency at the time of concluding the contract with the plaintiff, and the defendant is engaged in all the business of the association of this case on behalf of

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