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(영문) 인천지방법원 부천지원 2018.12.06 2018가단2020

계약금등 반환

Text

1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and the interest rate of KRW 15% per annum from March 21, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established to build apartment complexes B of the B Housing Association (hereinafter “instant apartment buildings”) at Kimpo-si, Kimpo-si.

B. On January 19, 2016, the Plaintiff entered into an agreement to enter into an association (hereinafter “instant agreement”) with the Defendant on the instant apartment building No. 115, 704, 59BT (59.58 square meters), and the main contents thereof are as follows.

In building the apartment of this case, B Housing Association (hereinafter referred to as “A”) which is a project implementer and a cooperative member who files an application for joining the partnership (hereinafter referred to as “B”) shall enter into a mutual trust agreement with the following members on the basis of mutual trust and good faith with respect to one of the 1,515 households, which will be expected to be constructed in the future.

Article 1:The purpose of this Agreement is to entrust Party A with the practical affairs of Party B in order to facilitate the construction project of apartment complexes, and Party A shall be entrusted with the affairs so that Party A may move into the apartment complex smoothly.

Article 6. Cooperative agency: B shall pay 15,000,000 won for cooperative agency expenses.

The agency expenses for a cooperative refers to the expenses for the business of the agent from the date of conclusion of the sales contract for the project site to the occupancy of the cooperative members, liquidation of the cooperative

Article 8. Cooperative members' contributions and management: Cooperative members' contributions are project costs following the implementation of the project, such as land purchase costs and construction works costs.

B shall pay contributions in accordance with the schedule for the payment of contributions in order to facilitate the implementation of this project.

Union members’ contribution schedule / 14 Dong 5/6-8/Total Amount of KRW 242,00,000,000 for agency business / Cooperative contributions of KRW 227,000,000 for cooperative members’ contributions / 15,000,000 for the first contract / 10,000 for the first contract / 25,000,000 for down payment / 25,000 for the first contract / 100 for the first contract / 25,000 for the first contract / 11 for the cancellation and

1. A shall engage in any of the following conduct: