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(영문) 서울중앙지방법원 2017.12.14 2016가단152804
분담금환불
Text

1. The Defendant’s KRW 59,950,00 for the Plaintiff and its related KRW 5% per annum from November 19, 2016 to December 14, 2017.

Reasons

1. Facts of recognition;

A. The Defendant obtained the authorization to establish a housing association from the head of Dongjak-gu Seoul Metropolitan Government on January 25, 2008 as a regional housing association established to promote a housing construction project in accordance with the relevant Acts and subordinate statutes in Dongjak-gu Seoul Metropolitan Government C.

B. Around October 2008, the Plaintiff entered into a contract with the Defendant as a member of the partnership (hereinafter “instant contract”), and paid the Defendant KRW 20,000,000 for business promotion expenses and KRW 59,950,00 for the first intermediate payment, and the sum of KRW 79,950,000 for the first intermediate payment as a member’s contribution.

C. The main contents of the instant agreement to join the association are as follows.

Article 1 (General Provisions) The Plaintiff is qualified as a housing member under the Building Act, Article 32 subparag. 5 of the Housing Act, and Article 38(1) of the Enforcement Decree of the same Act, and must implement the project at a predetermined state of the approval of the project. As such, the Plaintiff shall delegate all of the related affairs to the ADD for the implementation of the project on behalf of the ADD, and shall pay the remuneration to the ADD for the implementation of the project on behalf of the AD, for profits other than the neighborhood living facilities and the determined contributions,

In accordance with the construction contract and business schedule, the defendant and the ASEAN shall supply one apartment unit contracted by the plaintiff among the households with full payment of the union members' contributions and business promotion expenses (or business approval) with an area not exceeding 85 square meters for exclusive use (Provided, That the supply area may be somewhat increased or decreased according to the approval and permission matters) according to the construction contract and business schedule to the plaintiff when the qualification of the union member is granted by the permission-granting authority.

Article 3 (Qualification of Members) The plaintiff shall maintain the qualification of the housing association members as prescribed by the Housing Act (including the Enforcement Decree of the same Act, the Enforcement Rule, and other ordinances) from the date of application for authorization for establishment of the defendant on November 26, 2007 to the date of completion and occupancy.

Article 4 (Contributions to Members) The plaintiff shall bear the following contributions:

Charges of KRW 599,500,000, business promotion expenses of KRW 20,00,000, and guidance.

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