beta
(영문) 수원지방법원 2020.02.19 2019가합16508

계약금등반환

Text

1. The defendant-Counterclaim plaintiff's counterclaim shall be dismissed.

2. The Defendant (Counterclaim Plaintiff) attached to the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. The Defendant is a regional housing association established to newly construct “E-regional housing association apartment” (hereinafter “instant association apartment”) within the F of Gwangju City, and the Plaintiffs were the members of the Defendant.

B. On July 7, 2015 and September 25, 2015, the Plaintiffs concluded an agreement to join an association with the Defendant (hereinafter “instant agreement”) with each of the following terms and conditions.

Implementer: (tentatively named: (tentatively named) the member of the Housing Association in the E Area (hereinafter referred to as the “A”) (hereinafter referred to as the “E Area Housing Association”) and the member of the Housing Association in the area (hereinafter referred to as the “B”): Person G (hereinafter referred to as the “A”) who will undertake the construction of the H Fund: I Co., Ltd. (hereinafter referred to as the “H Fund Manager”): Article 1 (Specialized) of the I Co., Ltd. (2) in the event that A and C completely pay the total amount of the charges under Article 2 and all kinds of taxes and

(3) The total amount of charges shall be the amount calculated by adding the charges under Article 2(2) of this Agreement and the agency expenses to the charges under Article 2(2) of the Regulations of the Association, and the amount differentiated according to the unit of Dong and lake under Article 45 (Supply of Housing Units of Association) of the Regulations of the Association (the adjusted amount of the difference due to the unit of building, floor, building, building, building, and to the differential application of the unit of each unit after the approval of the project plan).

Provided, That it is recognized that the total amount of charges may be increased if the project is delayed due to a natural disaster, etc., if the project is delayed due to the change of design due to the request of A and B, and the construction cost is increased by consultation between A and B, and the contractor, if the project is delayed due to a natural disaster, etc.

(4) Construction expenses expanded shall be included in the total amount of charges.

Recognizing that the total amount of the charges under this Agreement is the final charges.

Article 2 (Liability and Payment Method for Cooperative Members) (1) Cooperative members shall be paid.