beta
(영문) 서울고등법원 2020.11.12 2020나2018642

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. 1) The Plaintiff removed old and inferior houses in Dongjak-gu Seoul Metropolitan Government Ydong, and the apartment house with six units of 582 units of 582 units of 6 units of 582 units of 19.

(2) On November 26, 2007, a regional housing association established to promote a new housing construction project, which obtained the authorization for establishment of a housing association from the head of Dongjak-gu Seoul Metropolitan Government on November 25, 2008, and obtained the authorization for establishment of a housing association from the head of Dongjak-gu, Seoul Metropolitan Government. On June 16, 2008, the Defendant entered into a contract with the Plaintiff as a member of the Plaintiff (hereinafter “instant contract”) around October 2008. The main contents of the instant contract are as follows.

Article 1 (General Provisions) The defendant is qualified for housing association members under the Building Act, Article 32 subparagraph 5 of the Housing Act, and Article 38 (1) of the Enforcement Decree of the same Act, and must implement the project in a state where approval for the project has not been finalized. As such, the defendant shall delegate all related affairs to the Z to perform the project by proxy, and shall pay the remuneration for the execution expenses for the neighborhood living facilities and profits other than the final contributions, and shall separately select an agent for the affairs of the association and have it conduct the affairs

The plaintiff and Z shall supply one apartment household contracted by the plaintiff to the defendant among the households with full payment of the contributions of association members and business promotion expenses according to the construction contract and business schedule (or business approval) of 85 square meters or less in exclusive use area (Provided, That the supply area may be increased or decreased according to the authorization and permission matters).

Article 3 (Qualification of Members) The defendant shall maintain the qualification of the housing association members as prescribed by the Housing Act (including the Enforcement Decree of the same Act, the Enforcement Rule, and other ordinances), from the time of application for joining to the completion and occupancy.

Article 4 (Contributions to Members) The defendant shall bear the contributions as follows:

Charges of KRW 599,500,000, business promotion expenses of KRW 20,00,000, and KRW 619,50,000.