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(영문) 의정부지방법원 2016.05.26 2015가합55196

손해배상(건)

Text

1. Defendant E Regional Housing Association shall start on November 8, 2014 with respect to KRW 24,240,000 and KRW 12,120,00 among them to Plaintiff B.

Reasons

. The refund of paid contributions shall be paid without interest, only when a member who succeeds to the rights and obligations of the plaintiffs and pays the contributions, after deducting the down payment (10%) from the contributions paid by the plaintiffs as agency and loss expenses.

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

In such cases, the plaintiffs shall correct it within seven days after receiving the notification of correction, and if they fail to correct it, this contract shall be deemed terminated or terminated.

A. 2. In the event that the intermediate payment, etc. was in arrears two or more times, 4. In the event that the contract is terminated under this Article, the remaining balance shall be paid without interest after deducting the down payment (10%) from the contributions that the plaintiffs paid by proxy and loss expenses.

The time of payment shall be as listed in Article 9.

* The aggregate of 100% of the payment date of each individual notice of 5% to 9% of each of the 10% intermediate payment dates after the second contract after the 10% of each contract after the second contract after the date of the second contract after the date of the 10% of the 10% intermediate payment contract at the time of occupancy (in the case of occupancy) in connection with the respective 10% intermediate payment schedule.

C. (1) On April 3, 2015 and July 3, 2015, the Defendant Union notified the Plaintiff and C of the cancellation of a partnership’s subscription agreement on the grounds that the Plaintiff and C have failed to pay intermediate payments, etc. at least twice. (2) On September 1, 2015, Plaintiff A, B, and C notified the Defendant Union of the cancellation of a contract due to the breach of duty of disclosure, cancellation due to changes in circumstances, and withdrawal from partnership.

3 On September 23, 2015, Plaintiff D filed a claim for refund against the Defendant Association on the ground that the agreement to join the association was null and void. D.

The defendant union approved the establishment of the defendant union on November 23, 2015 and applied for the authorization to establish the housing association on December 23, 2015.