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(영문) 의정부지방법원고양지원 2020.02.05 2019가단86415
분담금등반환
Text

1. The defendant shall pay each of the plaintiffs 39,869,90 won and 12% per annum from July 27, 2019 to the day of full payment.

Reasons

1. Under the Housing Act, the Defendant is a non-corporate body which is promoting the establishment of a regional housing association under the Housing Act for the purpose of acquiring housing by newly constructing an apartment unit in the D D D major in Pakistan-si.

Plaintiff

B On March 4, 2018, the Defendant and the Defendant entered into a partnership agreement with the content that they pay a contribution of KRW 233,690,000 and the agency service cost of KRW 16,50,000 with respect to “E, the exclusive area of which is 84 square meters, among new apartments,” and accordingly, remitted a total of KRW 39,869,90 to the Defendant.

Plaintiff

On March 25, 2018, A entered into a membership agreement with the Defendant to pay KRW 233,690,000, and the agency service cost of KRW 16,50,000 with respect to “Fho Lake,” which is the exclusive area of 84 square meters, among new apartments (hereinafter “each of the instant agreements”), and accordingly, remitted the sum of KRW 39,869,90 to the Defendant.

At the time of each contract of this case, the defendant issued a certificate of safeness that "the defendant and the agent will return the total amount of the contributions paid and the agency service cost already paid and cancel the contract if the defendant wanted to receive the proposal within the above period due to the scheduled receipt, administrative delay, etc. of the proposal for designation of an urban development zone to the competent authority by the end of July 2018, and if the proposal was not received within the above period, it is possible to extend it only once (three months)."

(hereinafter “instant assistance agreement”). On September 19, 2018, the Defendant submitted the “Written Consent for Designation of Urban Development Zone” to the Posju, but returned the “Written Consent for Designation of Urban Development Zone” to the Posju, and the said written Consent was also subject to the consent of the owner of G large scale 322 square meters.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 4 evidence, purport of the whole pleadings

2. Determination:

A. Prior to the determination of the cause of the claim, the Plaintiffs and the Defendant separately established the instant guarantee agreement at the time of each of the instant contracts, which stipulates the grounds for termination of the Defendant’s obligations and obligations under each of the instant contracts.

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