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(영문) 의정부지방법원 2017.05.12 2016나59168

약정금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

2. The seller will succeed to the purchaser the membership of the D-building maintenance project housing association (hereinafter “the association of this case”) at the same time as the remainder.

3. Since the share of a right to a site is in a legal lawsuit, it is to settle the thickness of the members as the lawsuit ends;

4. The present apartment building is used after obtaining approval for use from the purchaser as a member of the association.

5. A seller shall present the present lessee and settle any balance;

6. The seller shall be liable for all legal costs up to the remainder; and

10. On the day when the present lessee shows, the buyer shall settle any balance and receive succession from its members.

On May 27, 2011, the Plaintiff purchased from the Defendant the purchase price of KRW 130,000,000, 101 Dong 1005, Dong 1005 (hereinafter “instant apartment”). The Plaintiff concluded a sales contract with the Defendant to pay KRW 130,000,000 for the contract and intermediate payment of KRW 20,000 on May 31, 201, and the balance of KRW 97,00,00,000 for each of the following occasions (hereinafter “instant sales contract”).

B. The major terms and conditions of the instant sales contract are as follows.

C. The Plaintiff paid KRW 130 million to the Defendant according to the instant sales contract, and succeeded to the membership of the instant association from the Defendant.

around 2015, the Plaintiff was notified by the instant partnership that additional shares of KRW 44,260,000 as a result of the completion of construction.

(hereinafter referred to as “the additional contributions of this case”).

The instant additional contributions shall be KRW 100,000,000 for all kinds of expenses, such as expenses for design and supervision of KRW 1,632,939,568 for project cost and construction cost of KRW 100,000,00 for completion and warranty of defects, construction cost of KRW 100,000 for supplementary facilities and construction cost of other construction cost, and transfer notification, which are decided at the general meeting of the Assembly on October 11, 2015, and KRW 100,000 for all kinds of agency work cost of KRW 50,00,000 for litigation cost, KRW 30,000,000 for litigation cost, and KRW 650,000,000 for union work expenses, labor cost of KRW 80 for union work.