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(영문) 대구지방법원 2017.02.03 2016가합205179
분담금반환
Text

1. The Defendants each of the Plaintiffs falls under the “personal amount” column of the “amount cited by each Plaintiff.”

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 3 (including the number of branch numbers) as to the cause of the claim, the plaintiffs entered into a regional housing association membership agreement with Defendant I Regional Housing Association Promotion Committee (hereinafter "Defendant Promotion Committee") from July 2015 to September 2015, and paid the relevant money as the down payment as stated in the "amount of award" in the attached Table No. 1 as the down payment. Meanwhile, at the time of entering into each of the above contracts, the defendants distributed a notice stating the "Securing the stability of the housing association at the completion of 93.5% of the land contract" to the effect that "if the land contract was already completed and only recruited members, there is no problem in the process of implementing the housing project", but in fact, the plaintiffs did not secure 80% of the source of the right to use the land.

In light of the social norms and the practice of concluding a contract with a regional housing association, if the land user rights secured by the defendant promotion committee did not reach “80%”, which is the minimum requirement required to obtain authorization for the establishment of the regional housing association, unlike “93.5%” that the defendants agreed to the plaintiffs at the time of entering into a contract with the regional housing association, matters related to securing the land user rights in joining the regional housing association should be clearly and clearly notified to the plaintiffs in advance in relation to the authorization for the establishment of the regional housing association and the progress of the project. Thus, it would be said that the defendants did not enter into the above contract with the defendant promotion committee and received the money in the name of the down payment from the plaintiffs, by falsely notifying the plaintiffs of the matters related to securing the land user rights.

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