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1. The Defendant: (a) KRW 20,000,000 to the Plaintiff (Appointed Party); (b) KRW 20,000,000 to the appointed Party C; and (c) KRW 20,000 to the appointed Party D.
Reasons
1. Facts of recognition;
A. On December 23, 2015, the Defendant was established to carry on a local house construction project in Yangyang-si, E, and obtained authorization for the establishment from the Namyang-si mayor on December 23, 2015, and delegated all of the partnership affairs, such as the recruitment of association members and the authorization for housing construction project, to F, an executing agency.
B. On July 15, 2016, Co., Ltd. and the Plaintiff entered into an agreement with the applicant household to enter into an association with the amount of KRW 352,869,00,00, the Plaintiff’s “one household with the 34th 59 square meters wide,” the Plaintiff paid KRW 20,000 each of the contract to enter into an association with the applicant household with the amount of KRW 84 square meters wide, KRW 429,310,000, and KRW 429,310,000 for the applicant household, and KRW 452,869,000 for the applicant household’s “one household with the 42nd 59 square meters wide,” respectively, and the Plaintiffs paid KRW 20,000 as the down payment to G Co., Ltd., a fund manager on the day.
C. At the time of entering into each of the instant agreements, where the Defendant fails to obtain the approval of the housing construction project plan from the Namyang-si by the end of November 2016, the agreement was stipulated as a special agreement to refund the entire amount of the money received from the Plaintiffs (hereinafter “instant special agreement”).
The Defendant failed to obtain approval for the housing construction project plan until October 2, 2019, which was the date of closing the argument in the instant case.
【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 5, the purport of the whole pleadings
2. The assertion and judgment
A. Comprehensively taking account of the above facts acknowledged as to the cause of the claim, it is reasonable to view that the instant special agreement stipulates that “the Defendant fails to obtain the approval of the housing construction project plan from the Namyang-si by the end of November 2016 as the condition for the rescission of each contract to join the association.”
However, since the Defendant failed to obtain the approval of the housing construction project plan from the Namyang-si by the end of November 2016, each of the instant agreements is satisfied, and thus, the said agreements are satisfied.