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(영문) 의정부지방법원 고양지원 2021.02.05 2019가합74990

계약해지 및 손해배상

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All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

.A resolution may be adopted for the advance payment of charges and, in this context, the advance payment charge shall be settled at the time of the balance payment; 11. Other matters pertaining to the payment of charges are as follows:

1) In relation to the purchase of the project site, a cooperative member’s charge may be changed depending on the scale of construction following the alteration of the project plan at the time of authorization and permission, and the unit area of each household, and “B” with respect to the adjustment of the amount within the limit of 10% of the cooperative member’s charge,

"A" shall be delegated to the board of directors of the Council, and "A" shall determine the details of the change and notify each member of the plan after approval of the project plan, and "B" shall consent and approve it.

2) If an amount equal to or greater than 10% of the union members’ contributions is adjusted pursuant to subparagraph 1 above, a general meeting of the union shall hold a resolution on changes.

5) “A” and “B” mean that there is no separate association members’ additional charges not determined by the decisions of the General Assembly or the Board of Directors, etc.

* The Committee for Promotion of the Regional Housing Association in the name of “A” (tentative name) of this Agreement shall later be automatically converted to an association at the time of authorization for the establishment of a house under Article 11 of the Housing Act, and shall also automatically succeed to the effect of the association. The Contract Security Certificate guarantees that the existing members’ contributions shall be refunded if it is impossible to proceed with the project due to a failure to obtain authorization for the establishment of the association during the implementation of the project as above, and this Guarantee Certificate shall take precedence over (tentative name) the agreements of the association entered into between the Regional Housing Association and the members.

(tentative) If the project promoted by the C Regional Housing Association falls short of the qualification of a member of the Association or intends to terminate the membership agreement of a member of the Association due to the member's own reason, it shall be in accordance with the terms and conditions set out in the agreement of membership of the Association.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 12, 27, Eul evidence No. 1 (including numbers, hereinafter the same), and the purport of the whole pleadings.