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(영문) 전주지방법원 군산지원 2018.03.30 2017가합12273
분양대금 등 반환
Text

1. From October 27, 2017, the Defendant against the Plaintiffs regarding each of the following money as stated in the attached Table’s “personal amount” and each of the said money.

Reasons

1. Facts of recognition;

A. The Defendant is a housing association established under the Housing Act and subordinate statutes in order to implement the construction project of J apartment (hereinafter “instant apartment”) in the Icheon-si, Kunsan-si. K Co., Ltd. (hereinafter “K”) entered into a construction contract on the instant apartment construction project with the Defendant, and L Co., Ltd. (hereinafter “L”) is the Defendant’s agency business.

B. The Plaintiffs paid the shares of the members with respect to the business expenses between the Defendant and the period from 2012 to 2014, and concluded a membership agreement with the members to allocate each of the same subparagraph stated in the “object of Sale” in the attached Table among the apartment buildings in the instant case, but lost its membership status on the ground that it was confirmed that it was not disqualified after concluding the membership agreement.

Accordingly, the Plaintiffs are the amount calculated by adding the amount of the same subparagraph stipulated in the initial subscription agreement with the Defendant to the amount equivalent to the shares of the union members as the shares of the union members on each of the relevant days set forth in the attached Table.

The term "sale price" in the attached Table 1 of the person entered into a contract with the purchaser as a general purchaser, and prepared a letter (written confirmation) and an apartment supply contract stating the purport thereof.

C. As to the rescission, etc. of the instant supply contract, the following are stipulated in the instant supply contract.

Defendant “A” and the buyer “B”

(hereinafter the same shall apply to any other contract). Article 5 (Cancellation of Contracts) (2) (A) may terminate this contract if it is impossible to move into within three months from the scheduled date of occupancy due to any cause attributable to A.

The scheduled date of occupancy: When the contract is terminated for the reasons falling under Article 6 (2) (2) of the Act on April 2017 (the date of the occupancy shall be later notified) and Article 5 (2), A shall pay to B 10% of the total amount of the sale price as penalty.

(3) The reasons in Article 5 are the same.

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