약정금
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport.
1. Basic facts
A. The Plaintiffs are those who own the buildings in the Down Houses located on the Dacheon City Land (hereinafter “the instant apartment houses”), and the Defendant is a reconstruction maintenance project association established with the aim of rebuilding the said apartment houses on the ground of the Dacheon City Land and constructing apartment houses for the purpose of constructing apartment houses.
B. The instant reconstruction complex was registered in the form of co-ownership, and it was impossible to reconstruct only the instant apartment house except for the instant apartment house without dividing land.
On June 7, 2006, G, which was the chairperson of the Defendant’s Establishment Promotion Committee (hereinafter “Defendant’s Promotion Committee”), entered into an agreement with the Plaintiffs on the following terms: “The instant agreement (hereinafter “instant agreement”) between the Plaintiffs to the effect that, while promoting the reconstruction after obtaining authorization for the establishment of the instant apartment house owners and the shop owners, the instant apartment house owners including all the association members, dividing the commercial site and the building site for commercial buildings, excluding the building site from the object of reconstruction improvement project, and promoting the project by making only the apartment house site as a rearrangement project zone; but, on the condition that the Plaintiffs agreed to the division of land and authorization for the establishment of the association, the Defendant’s Promotion Committee would pay KRW 70,00,000 if the construction of the reconstruction project
C. On June 8, 2006, the Defendant’s promotion committee was established as the Defendant’s association upon obtaining authorization for the establishment of the housing association from the Jungcheon-si market, and the Defendant selected a construction project for the reconstruction project on January 16, 2016.
On February 1, 2016, the Plaintiffs filed a lawsuit against the Defendant seeking the payment of the agreed amount as stipulated in the instant agreement by the court No. 2016Gahap100329, supra.
E. According to Article 28(4) of the former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Presidential Decree No. 21679, Aug. 11, 2009), the Defendant Promotion Committee shall raise an objection.