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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant Cooperative is a regional housing association established to supply housing to its members through a new apartment construction project (hereinafter “instant project”) in the Seoul metropolitan zone (urban areas and Class 2 general residential zones) in the Si interest-based city (hereinafter “instant project”) and obtained authorization for the establishment of a housing association from the Si interest market with 728 members around September 30, 2016.
B. On May 13, 2018, the Plaintiff entered into a membership agreement (the second additional member) with the Defendant Cooperative to purchase an apartment unit D (the exclusive use area of 84.9851 square meters) to be newly constructed pursuant to the instant project (hereinafter “instant agreement”) (hereinafter “instant agreement”).
The plaintiff, after the conclusion of the above contract, shall pay to the defendant KRW 5 million on May 13, 2018, and the same year.
5. 14. 20 million won, and the same year.
6. The sum of KRW 6,120,000,000,000 is the sum of KRW 15% of the down payment on the base floor of 84 (A) the cooperative charges of KRW 6,12 million, and the sum of KRW 1,10,000,000 for the first down payment, KRW 30,220,000 for the second down payment, KRW 6,50,000 for the extension cost, and business promotion expenses.
A. Each payment was made.
C. Details of the instant contract are as shown in the annexed sheet.
The contents related to the supply of housing in the rules of the defendant's association are as follows:
E. On March 21, 2019, the Defendant Mutual Aid Association obtained approval of the housing construction project plan with respect to the instant project from the Si interest market on March 21, 2019, including 15 multi-family housing units, 941 households, 1 October 1, 2019 scheduled date of commencement, and October 1, 202 scheduled date of pre-use inspection.
[Reasons for Recognition] Facts that there is no dispute between the parties, Gap (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 (including paper numbers; hereinafter the same shall apply), 2, Eul evidence No. 3, the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff's assertion 1) Revocation of the contract due to deception related to the designation of a specific club water (1) is specified in the contract of this case by stating that the contract of this case is "D" with the column of Dong and lake as "D."
(2) The same amount at the time of the instant contract, which is the reference point for deception.