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(영문) 창원지방법원 2021.02.10 2020가단5016

조합원분담금

Text

The defendant is based on the ratio of 12% per annum from May 15, 2020 to the date of full payment to KRW 83,210,523 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an apartment of a regional housing association A (hereinafter referred to as “instant apartment”) on the ground of a majority of the lots other than Kimhae-si, Kim Jong-si.

It is the partnership scheduled to be newly built, and the defendant is a person who has entered into a membership agreement with the plaintiff for the purpose of selling the above apartment unit.

The apartment sold by the Defendant is the apartment unit D [84 square meters (35 square meters)] of the instant apartment unit D.

B. After concluding a membership agreement, the Defendant paid only the amount in the column for payment indicated below, and unpaid KRW 83,210,524 out of the intermediate payment and the essential project cost.

The payment details of unpaid and interest in arrears 14,00,000 14,000 14,000,000 5,000,000 200 5,000 intermediate payment 5,000,000 5,000 intermediate payment 2,000 5,000 5,000 36,0636,00036,0036,00636,0063,0063,0063,006, 604,000 30,636,000,000, 630,006, 30,000,0000 0,000,000 4,000,004,0000,0000,0000,004,0000,0000,030,03636364,6364,6,63646

C. As an extraordinary general meeting, the Plaintiff Union decided to claim for the payment of allotted charges against the union members who did not fulfill their duty to pay the allotted charges, among matters concerning the rights and obligations of union members under Article 10(2) of the Union Regulations.

[Grounds for recognition] The items in Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant shall pay to the plaintiff 83,210,523 won among the unpaid contributions and 12% interest per annum from May 15, 2020 to the date of complete payment after the delivery of a copy of the complaint to the plaintiff. 3. Thus, the plaintiff's claim of this case is reasonable, and therefore it is so ordered as per Disposition.