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(영문) 청주지방법원충주지원 2020.04.29 2019가단21104
납부금반환청구의 소
Text

1. The Defendant’s KRW 39,747,00 for the Plaintiff and the following: 15% per annum from May 11, 2019 to May 31, 2019;

Reasons

1. The Plaintiff and the Defendant entered into a contract under which the Plaintiff would take over the status of Nonparty D’s member of the district housing association located in the area of the apartment (hereinafter “instant apartment”) newly built by the Defendant with respect to the cause of the claim (hereinafter “instant contract”). Under the instant contract, the Plaintiff did not enter the Plaintiff’s membership of the Plaintiff into the agreement with the Plaintiff on November 15, 2015, KRW 4,800,000, KRW 21,500,000 on November 20, 2015, and KRW 13,447,000 on October 17, 2017, and KRW 39,747,000 on the aggregate of KRW 4,80,000, KRW 21,500,000 on the apartment (hereinafter “instant apartment”), or the Plaintiff did not enter the Plaintiff’s membership of the Plaintiff as the Plaintiff’s membership of each of the parties to the agreement with each of the instant parties to the agreement, including the Plaintiff’s membership of the Plaintiff’s membership of each of the Plaintiff.

According to the above facts, the defendant's obligation to transfer the status of an association member with respect to the apartment of this case against the plaintiff under the contract of this case was impossible, and it is evident that the copy of the complaint of this case containing the plaintiff's declaration of intent to cancel the contract of this case on May 10, 2019 was delivered to the defendant on the ground of the defendant's default. Thus, the contract of this case was lawfully rescinded.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the sum total of KRW 39,747,000, and delay damages therefor, which were paid by the Plaintiff pursuant to the instant contract, due to restitution following the rescission of the instant contract.

2. Judgment on the defendant's assertion

A. The defendant shall conclude the contract of this case.

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