beta
(영문) 의정부지방법원 2017.12.01 2016가합54312

약정금

Text

1. The Defendants’ “total amount” as stated in the attached Table to the Plaintiff refers to the amount corresponding to each Defendant and the attached Table among them.

Reasons

1. Basic facts

A. The Plaintiff as the parties concerned is the Housing Reconstruction Project Association which completed the registration of incorporation on July 14, 2003, and the Defendants are the Plaintiff’s members. The Plaintiff is a housing reconstruction project association that obtained the authorization of the establishment on June 25, 2003 from the Namyang-si mayor for the housing reconstruction project of J department in South Yangyang-si.

B. A management and disposal plan 1) On March 21, 2007, the Plaintiff received an authorization to implement the instant project from the Namyang-ju mayor. 2) On July 27, 2007, the Plaintiff publicly announced and notified the period for application for parcelling-out to the period from July 31, 2007 to August 30, 2007, and on August 29, 2007, the said period for application for parcelling-out was extended to September 9, 2007.

3) The Defendants filed an application for parcelling-out with the Plaintiff within the period for filing an application for parcelling-out. 4) On November 23, 2007, the Plaintiff: (a) held an extraordinary general meeting to determine the total revenue, total project cost, and the appraised value of the previous land and buildings; and (b) formulated a management and disposition plan that sets the estimated expense rate of 97% (hereinafter “instant management and disposition plan”); and (c) obtained authorization from the South Yangyang-ju Market on December 31, 2007.

C. On January 16, 2008, the Plaintiff announced its members, including the Defendants, to enter into a sales contract in accordance with the management and disposal plan of this case. The Plaintiff and the Defendants respectively (hereinafter “each sales contract of this case”) as follows.

(A) On January 17, 2008, the Plaintiff and Defendant B purchased K apartment (hereinafter “instant apartment”) 102 Dong 802 and 802, which are to be constructed through the instant project on January 17, 2008, and the charges to be paid by Defendant B shall be determined as KRW 164,571,250, which deducts the right to existing real estate (the value of existing real estate x the estimated cost rate of 97%; hereinafter the same shall apply) owned by Defendant B from the sale price of KRW 605,80,00. The charges to be paid by Defendant B shall be determined as KRW 16,450,00,000, whichever is the down payment of KRW 16,450,00,000.