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Defendant C Regional Housing Association shall pay Plaintiff A KRW 44,372,00, and KRW 44,090,000 to Plaintiff B and each of them.
Reasons
Upon entering into a contract to join the association, the Defendant Mutual Aid Association was established for the housing construction project for its members by making the 36 lots of land, including the Ysan-gu, Jeonju-si, and the 36 lots of land, and Defendant D is a company selected as an agent of the Defendant Mutual Aid Association for the smooth promotion
(A) On January 21, 2015, the Plaintiffs entered into a contract with the Defendant Union on January 21, 2015, stipulating that the Plaintiffs will join the Defendant Union, and that the Plaintiffs will pay the agency fee to Defendant D (hereinafter “instant contract of joining the association”).
(A) A. The Defendant Cooperative shall elect the F of the Head of the Cooperative through the inaugural general meeting on July 25, 2015, and shall obtain authorization for the establishment from the head of the competent local government on August 12, 2016.
(B) A. According to the contract of joining the instant association, the Plaintiff paid KRW 44,372,00 to the Defendant Association, and paid KRW 9,000,000 of agency expenses to Defendant D (Evidence 5-1, 2, and 3), and the Plaintiff B paid KRW 44,090,000 to the Defendant Association, and paid KRW 9,00,000 of agency expenses to Defendant D.
(A) On May 26, 2017, the Defendant Union filed an application for the approval of the housing construction project plan of the third and 29 above ground floors against the former mayor on May 26, 2017.
(A) The Defendant Association is implementing a project jointly with G pursuant to Article 5(2) of the Housing Act (No. 10). According to Article 16(2) of the Enforcement Decree of the Housing Act, a housing association that intends to jointly construct a house pursuant to Article 5(2) of the Housing Act shall secure ownership of the housing construction site and apply for approval of the project plan.
However, the defendant union filed an application for approval of a project plan without securing ownership of the housing construction site, and the ratio of the area of land for which no ownership is secured at the time reaches 79.94% (Evidence A 10).