beta
(영문) 인천지방법원 2021.01.19 2020나50082

약정금

Text

Of the judgment of the first instance, the Plaintiff’s KRW 13,350,000 against the Defendant and its related thereto, from April 28, 2016 to January 19, 2021.

Reasons

1. Facts of recognition;

A. The Plaintiff is a regional housing association established for the purpose of executing a regional housing project (hereinafter “instant project”) that constructs approximately 434 apartment units of approximately 434 households in Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “instant project”), and the said apartment units to be newly constructed according to the instant project (hereinafter “association apartment”).

B. On April 17, 2016, the Plaintiff and the Defendant paid the Plaintiff KRW 223,50,000 to the Plaintiff, and KRW 10,000,000 to the Plaintiff out of the Plaintiff’s share of KRW 10,000 to the Plaintiff’s share of KRW 223,50,000 among the share of the Plaintiff members, and KRW 13,35,000 among the share of the Plaintiff’s share of KRW 3,350,00 among the share of the Plaintiff, and KRW 10,000 among the share of the Plaintiff’s share of KRW 3,35,00 among the share of the Plaintiff, and KRW 13,35,000 in the aggregate of the share of the Plaintiff’s share of KRW 10,35,00 after entering into a contract, respectively, and the remaining share of the Plaintiff shall be paid in sequence until the share of the Plaintiff’s share of the Plaintiff to the Defendant.

(c)

In accordance with the Housing Act, the Plaintiff obtained the authorization to establish a regional housing association with the number of its members of 245 around November 7, 2016, and the authorization to change the number of its members to 407 persons around July 3, 2017.

(d)

On April 2016, the Defendant paid KRW 10,000,000 to the Plaintiff as the first down payment.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 8 and 9, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the Plaintiff the contributions of the association members and the expenses for the performance of its duties under the contract to join the association of this case, barring any special circumstance, the defendant is obligated to pay the Plaintiff the total of KRW 3,350,000 and KRW 10,350,000 for the performance of duties, and KRW 13,350,000 for the performance of duties, which have become due under the contract to join the association of this case (hereinafter “instant contributions, etc.”), and damages for delay.

B. The defendant's assertion