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(영문) 대전지방법원천안지원 2020.07.22 2020가단100211

손해배상(기)

Text

1. Defendant B’s regional housing association shall be KRW 10,00,000 for the Plaintiff and its related amount from June 19, 2020 to July 22, 2020.

Reasons

1. Facts of recognition;

A. Defendant B’s regional housing association (hereinafter “Defendant B’s association”) concluded a regional housing association (hereinafter “instant apartment”) with a regional housing association established pursuant to the Housing Act on February 3, 2020 in order to carry out the project (hereinafter “instant project”) of constructing an apartment of the regional housing association (hereinafter “instant apartment”) at ASEAN, and the Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) entered into an agency contract with the Promotion Committee of the Defendant Partnership on April 16, 2018 (hereinafter “instant agency contract”) and vicariously carries out the formation of the association, administration, taxation, accounting, business plan, authorization and permission, service/contract support, and securing project site.

B. On June 23, 2018, the Plaintiff entered into an agreement to enter into an association (hereinafter “instant agreement to enter into an association”) with employees of the Defendant Company, which would join the Defendant Company as a member of the Defendant Company, and thereafter purchase one household (E) out of the instant apartment units to be newly constructed (hereinafter “instant agreement”). The Plaintiff paid KRW 30,000,000 as the cooperative contributions, on June 18, 2018, and KRW 4,000,000 as the cooperative contributions, on June 20, 2018, and KRW 15,000,000 as the cooperative contributions, on June 23, 2018, and KRW 30,000,000 as the aggregate of KRW 10,00,000 on November 25, 2018.

C. On September 2017, a promotion committee of the Defendant Union reported the recruitment of 828 households in the site of 16,154 square meters of business size and 828 members in the instant project implementation plan. Around December 6, 2018, it decided to construct an apartment unit of 567 households in the site of 8,104.82 square meters of business size with the consent of 172 members present at the inaugural general meeting, which was held on December 6, 2018.

Afterward change of the business plan, the business area was changed to 8,778 square meters.

At the time of the contract for joining the association of this case, the head of the F building G in iasan-si was the plaintiff, and on May 14, 2020, the plaintiff's spouse H was changed.

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