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(영문) 서울중앙지방법원 2017.06.13 2016가단5289640

기타(금전)

Text

1. The Defendant’s KRW 95,592,00 for the Plaintiff and 5% per annum from January 28, 2016 to December 19, 2016.

Reasons

1. Facts of recognition;

A. The establishment of the Defendant and the Plaintiff’s accession 1) The Defendant was a regional housing association established to promote a housing construction project pursuant to the Housing Act and subordinate statutes in Dongjak-gu Seoul Metropolitan Government, and obtained the authorization of the establishment of the housing association from the head of Dongjak-gu on January 25, 2008. 2) The Plaintiff entered into a contract with the Defendant and the Defendant’s members (hereinafter “instant contract”) around August 2007, and under the said contract, paid the Defendant KRW 15,000,000 for business promotion expenses on August 16, 2007, and KRW 47,796,000 for down payment on February 25, 2008, and KRW 47,796,000 for intermediate payment on February 25, 2008.

3) The parts related to the instant contract are as follows. Article 3 (Qualification of Members) of the Housing Act (including the Enforcement Decree, the Enforcement Rule, and other ordinances, etc.) shall be maintained from the time of application for membership to the housing association membership to the time of completion of construction and occupancy. Article 4 (Liability of Members) of the Plaintiff bears the following contributions (as follows). Article 9 (Withdrawal and Refund of Members) 2) of the Plaintiff’s withdrawal from the association and refund is to be made, the Plaintiff shall only refund the principal from among the contributions that the Plaintiff paid by the new members who succeed to the Plaintiff’s rights and obligations, and the business promotion expenses shall not be refunded, only when the new members who succeed to the Plaintiff’s withdrawal and refund were paid in full

Article 10 (Case 1) The defendant may immediately cancel this contract when the plaintiff committed an act falling under any of the following subparagraphs without taking a peremptory notice for performance or other separate measures. ① When the plaintiff failed to faithfully implement the terms of this contract, ② When the plaintiff failed to pay in full the contributions within the designated date, which was notified twice due to the failure to pay in full, the case was overdue (in the event of termination, ③ When the loss of membership is discovered, ④ when the plaintiff was found to have disturbed housing supply order, such as unlawful resale, the plaintiff is eligible for a member of the housing association under the relevant Acts