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(영문) 대전지방법원천안지원 2020.12.03 2019가합103518
약정금
Text

1. The defendant's KRW 150,078,597 for the plaintiff and 5% per annum from October 16, 2020 to December 3, 2020 for the plaintiff.

Reasons

1. Major matters on the date of basic facts, applying for authorization to establish an association on September 30, 2014, applying for authorization to establish an association on November 6, 2014, and applying for approval of a project plan on February 6, 2015, applying for approval of additional recruitment of association members on February 6, 2014, and for approval of a project plan on December 14, 2015, the commencement of construction on or around May 2018 after the commencement of construction on or around May 2019, the commencement of construction on or around July 2, 2020, and approximately 69.72% of the construction progress rate.

A. The main contents of the project are as follows: (a) the regional housing association (257 members) established under the Housing Act for the purpose of the project to newly build an apartment 374 households on the parcel of land outside and six parcels, Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, and the main contents of the project are as follows.

B. On July 13, 2014, the Plaintiff entered into an agreement with the Defendant Cooperative to enter into an association (hereinafter “instant agreement”) with a view to being supplied with one household with an apartment unit equivalent to 72 square meters for exclusive use by its occupant among apartment units completed by the said business. From July 10, 2014 to April 30, 2018, the Plaintiff paid KRW 204,786,270 in total as a member’s contribution (such as contract deposit, intermediate payment, agency expenses, etc.) to the Defendant Cooperative (hereinafter “instant payment”), and KRW 10 million among them, is an agency fee.

C. Article 8 of the Rules of the Defendant Union provides for “households” as the requirements for membership, and Article 12(2) provides that a person who does not meet the requirements for membership automatically loses the eligibility as a member of the Plaintiff’s association. As of August 8, 2019, the Plaintiff lost the eligibility as a householder and lost the eligibility as a member of the Defendant Union in accordance with the said regulations.

[Contract to join a cooperative] Article 8 (Liability and Management of Member's Contribution) Members shall pay, without delay, the cooperative's contribution, such as land price and construction price, to the account of paragraph (5) in accordance with the schedule for payment of the contribution under paragraph (6).

2. The agency expenses shall be 10 million won per household (excluding value-added tax) and shall be paid in the account referred to in paragraph 5 of this Article in addition to the down payment at the time of a contract.

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