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(영문) 서울고등법원 2018.03.07 2017나2017038
분양대금반환청구 등
Text

1. Of the judgment of the court of first instance, the plaintiff lost the conjunctive claim amounting to the subsequent amount ordered to be paid.

Reasons

1. Facts of recognition;

A. The Defendant is a regional housing association established to implement a new apartment construction project on the land outside H of Suwon-si, Suwon-si and 27 lots.

On January 3, 2012, the Defendant submitted a business plan with the content that the establishment was authorized by the Suwon Market, and on November 1, 2012, “C apartment” of 844 households was newly constructed on an area subject to the business, and obtained approval for the business plan from the Suwon Market around January 2013.

B. Around September 30, 2013, the Plaintiff entered into a membership agreement with the Defendant and the Plaintiff (hereinafter “instant agreement”) under which the Defendant and the Plaintiff would join the Defendant’s membership and pay the Defendant the Defendant the share of expenses for the project and would be allocated the said 112 Dong and 702 unit of the said apartment in 33 square meters (hereinafter “instant agreement”).

The main contents of the contract of this case and the letter prepared and submitted by the plaintiff to the defendant at the time of the contract of this case are as follows.

1) Article 3 of the instant contract (Contribution to Cooperative Members)

1. The Plaintiff, an applicant, as a member, shall pay the land purchase cost, construction work cost, design supervision cost, removal cost, model cargo construction cost, civil petition treatment cost, and other project cost necessary for a housing construction project within the following applicable period:

241,073 down payment 1 (time of contract) 24,700 24,70 20% 20% 20% 10% 24,200 intermediate payment 10% 24,200 second ( August 2013) 24,200 20% 10% 24,2003 ( May 2014) 10% 24,2004 ( October 2014) 10% 24,200 24,205 5% 12,106 ( August 2015) 5,105) 12,107, 107, 107, 207, 37, 207, 203, 20, 20, 20, 20, 20, 20, 207, 30, 207, 3, 3, 2010.

2. The increase or decrease of the sale area and the scale of business in the process of authorization and permission for the project may be changed, and the changed project plan shall be changed.

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