beta
(영문) 의정부지방법원 2016.12.02 2016가합50945

계약해지무효확인청구소송

Text

1. The part of the instant lawsuit which rejected the notification of termination of an accession agreement.

2. Confirmation of the status of a member;

Reasons

1. Facts of recognition;

A. On June 21, 2014, the Plaintiff entered into a regional housing association agreement with the “(tentative name) Regional Housing Association” (after obtaining the authorization to establish a housing association, and became the Defendant; hereinafter “Defendant”).

(hereinafter referred to as “instant subscription agreement”). The relevant parts of the content are as follows:

- - Article 5 (Share of Members) - (1) The plaintiff must pay a contribution of KRW 275 million in accordance with the payment schedule of the application manual.

(4) Members' contributions shall be the amount including direct and indirect construction costs and various project costs arising from the implementation of this project, and contributions may be increased or decreased as a result of changes, etc. in project costs for this project and shall be finally determined at the

Article 10 [Cancellation and Termination of Contracts and Compensation for Damages] (3) Where a plaintiff commits any of the following acts after entering into a membership agreement, the defendant may terminate and cancel this contract together with a corrective notice:

In such cases, the plaintiff shall correct it within seven days after he/she receives the notice of correction, and if he/she fails to correct it, this contract shall be deemed terminated and terminated.

2. Where an intermediate payment, etc. is in arrears at least twice. (4) Where this contract is terminated or terminated under this Article, the balance shall be paid without interest after deducting the down payment (10%) from the contributions paid by the Plaintiff as an agency business and loss expenses.

[Payment Schedule for Cooperative Members] 10% of each notice 4th 27,500,500 27,500,000 27,500 7,000 7,000 27,500 13,750,500 5% of 5 months after the second contract after the second contract, respectively, 10% of 10% of 27,50,500 27,500 27,5005,000 6 10% of 10% of 27,50,50,000 7 27,50,000 7 27,50,000 8 27,50,500 9,500,000 10,50,000 27,000,000 0,07 10,05 0,000.