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(영문) 서울북부지방법원 2017. 10. 24. 선고 2016가단132427 판결

약정금

Cases

2016 grouped 132427 contract amount

Plaintiff

3. The term "Cropia" means

Defendant

1. A stock company for the development of Lone Industry;

2. A regional housing association;

Conclusion of Pleadings

September 12, 2017

Imposition of Judgment

October 24, 2017

Text

1. The plaintiff's lawsuit against the defendant A regional housing association shall be dismissed;

2. Defendant Lone Industry Development Co., Ltd. shall pay to the Plaintiff the amount of KRW 50 million with 15% interest per annum from August 11, 2016 to the date of full payment.

3. Of the costs of lawsuit, the part arising between the Plaintiff and Defendant A District Housing Association is assessed against the Plaintiff, and the part arising between the Plaintiff and Defendant A District Development Company is assessed against the said Defendant.

4. Paragraph 2 can be provisionally executed.

Purport of claim

The defendants jointly pay to the plaintiff 50 million won with 15% interest per annum from the day following the service date of a copy of the complaint of this case to the day of complete payment.

Reasons

1. Facts of recognition;

1. A. Defendant Lone Industry Development Co., Ltd. (hereinafter “Defendant Lone Industry Development”) entered into a business agreement with respect to the temporary name B District District District Housing Association Promotion Committee (Chairman C), building-young, etc. (hereinafter “instant project”) and the new apartment construction project of the District District Housing Association in Namyang-si, Namyang-si (hereinafter “instant project”) around July 2015. Defendant Lone Industry Development decided to take charge of the draft membership agreement, sales affairs, etc.

B. On July 9, 2015, Defendant LAD Industry Development entered into an apartment sale agency contract with the Plaintiff concerning the sales business among the instant businesses (hereinafter “instant apartment sale agency contract”) and received KRW 50 million from the Plaintiff as a security deposit for sales agency.

The apartment sale agency business owner shall enter into a service agreement with the company for the settlement of accounts for the apartment sale (hereinafter referred to as the "A") as follows. The apartment sale agency business owner shall enter into a service agreement with the company for the settlement of accounts for the apartment sale (hereinafter referred to as the "B") as follows. Article 2 : The apartment sale agency for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the accounts for the settlement of accounts:

C. Meanwhile, C entered his name on the side of the “head of the regional housing association” as stated at the end of the above sales agency contract, and affixed his seal thereto. However, C did not obtain the authorization to establish the association yet.

D. As the project of this case was delayed due to the lack of the landowner’s consent necessary to establish an association, Defendant Lonedo Industrial Development delivered the following notes to the Plaintiff on November 17, 2015 (hereinafter “instant notes”).

In the case of the D-U.S. housing project in Yangyang-si, Yangyang-si, the Seoul Special Metropolitan City for the Development of the D- D-U. D-U. and the B-U.S. agency contract on July 9, 2015, but the land work has not yet been conducted until December 31, 2015, the sale deposit amount of KRW 50 million shall be returned to the "no later than December 31, 2015," and the sale by proxy shall be maintained.In addition, if the land work is completed by December 31, 2015, the sale by proxy shall be returned to the "No later than December 31, 2015" and the sale by proxy shall be maintained.In addition, the land shall be supplied to "B" and the benefit shall be lost on January 30, 2016 due to a penalty (if the project is continued or suspended).

E. Around February 4, 2016, Defendant Lone Industry Development returned KRW 50 million to the Plaintiff, as a sales agency deposit, around February 4, 2016. However, it did not obtain consent from landowners necessary for authorization to establish an association until the date of closing argument.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination on the legitimacy of the litigation against the Defendant A Regional Housing Association

Ex officio, we examine the party capacity of the Defendant A Regional Housing Association. The Plaintiff asserts that the Defendant A Regional Housing Association is obligated to pay penalty of KRW 50 million pursuant to Article 10(6) of the instant parcelling-out agency contract, and sought payment of the said money against the Defendant A Regional Housing Association. However, there is no evidence to deem that the Defendant A Regional Housing Association has obtained the authorization of establishment as prescribed by relevant Acts and subordinate statutes, or that it has an entity as a non-corporate entity. Accordingly, the Plaintiff’s lawsuit against the Defendant A Regional Housing Association is unlawful.

3. Determination as to the claim for the development of the Defendant Lone Industry

A. According to the above facts of recognition, since the project of this case is delayed by January 30, 2016, such as without obtaining the consent of the land owners necessary for authorization to establish the association, Defendant Lone Industry Development is obligated to pay to the Plaintiff a penalty of KRW 50 million and damages for delay calculated at the rate of 15% per annum from August 11, 2016 to the date following the delivery date of a copy of the complaint of this case, which is the day following the delivery date of a copy of the complaint of this case.

B. Accordingly, Defendant LAD Industry Development asserts that the instant project was not discontinued only when the instant project was discontinued or delayed to the extent corresponding to the suspension of the project, and thus, there was no obligation to pay the said penalty. However, in light of the developments leading up to the preparation of the instant letter, the phrase, etc., it is difficult to see that the instant delay means only “the extent corresponding to the suspension of the project” and there is no other evidence to acknowledge it. The foregoing assertion in Defendant LAD Industry Development is without merit.

4. Conclusion

The plaintiff's lawsuit against the defendant Gap District Housing Association is unlawful, and thus, it is dismissed, and the claim against the defendant Eul District Housing Association for the development of the industry is accepted.

Judges

Judges Hwang Young-hee