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(영문) 인천지방법원 부천지원 2021.01.12 2020가단101913
납입금 반환청구
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant is a non-corporate association established to conduct the business of filing an application for authorization to establish a regional housing association under the Housing Act (hereinafter “instant business”) for the purpose of carrying out a regional housing project under the Housing Act for the construction of new apartment units in Kimpo-si, Kimpo-si.

B. On January 13, 2016, the Plaintiff refers to the Defendant’s member, a non-corporate partner, who is not a member of an association under Article 703 of the Civil Act, which is the Defendant’s member.

hereinafter referred to as "members").

As a member, a cooperative member’s contribution and a total of KRW 243,00,000,000,000 (hereinafter “cooperative member’s contribution”) for the execution of the project in this case, including land purchase expenses and building construction expenses, shall be paid to the Defendant, and one household is supplied among the apartments to be newly constructed according to the project in this case (hereinafter “total apartments in this case”) (hereinafter “instant subscription agreement”).

(c)

The Plaintiff and the Defendant entered into the instant subscription contract (hereinafter “instant contract”) on January 13, 2016, indicated “D E” as to the apartment of one household (hereinafter “instant apartment”) to be sold by the Plaintiff among the entire apartment of the instant case.

In addition, Article 11 (6) of the contract of this case stated that ① KRW 10 million of the first down payment of KRW 25 million among the members' contributions was stipulated as the date of the contract of this case; ② KRW 25 million within seven days after the date of the contract of this case; ③ the first intermediate payment of KRW 25 million when applying for approval of the business of this case; ④ KRW 228 million from the first month after the commencement of the entire apartment of this case; ⑤ KRW 20 million from the 1 month after the commencement of the entire apartment of this case; ⑤ KRW 28 million from the 24th month after the occupancy of the apartment of this case.

(d)

The plaintiff is the defendant under the contract of this case.

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