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(영문) 서울중앙지방법원 2020.02.04 2019가단5144342
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a regional housing association established for the purpose of new construction of B regional housing association or apartment (hereinafter “instant apartment”) in Gwangju City, and the plaintiff was a member of the defendant.

B. On April 13, 2015, the Plaintiff entered into a partnership agreement with the Defendant on the instant apartment (Atain apartment; hereinafter “Plaintiff apartment”) with regard to the following contents (hereinafter “instant partnership agreement”).

(tentative) Members of the District Housing Association (hereinafter referred to as the “A”): (tentative) B member of the District Housing Association (hereinafter referred to as the “B”); (tentative) member of the District Housing Association member of the District Housing Association (hereinafter referred to as the “B”); Article 1 (Special part) of the E Co., Ltd. (hereinafter referred to as the “A”); and (2) If A and C completely pay the total amount of charges under Article 2 and all kinds of taxes and public charges according to the business schedule, they supply one household of the apartment under the contract B to B.

(3) The total amount of charges shall be the sum of the charges under Article 7 subparagraphs 1 through 5 of the Regulations of the Association, the charges under Article 2 (2) of the present Agreement and the agency expenses, and the differential amount due to the allocation of housing (the balance due to the differential application of different levels by type, by floor, by building, by building, and by building, and by side) under Article 45 of the Regulations of the Association, shall be the aggregate of the charges under Article 7 subparagraphs 1 through 5 of the Regulations of the Association.

Provided, That it is recognized that the total amount of charges may be increased in cases of design change due to the request of Gap and Eul, and in cases of increase in construction costs through consultation between Gap and Eul, Gap and Eul, and in cases of delay in business due to force majeure such as natural disasters.

(4) Construction costs incurred in expanding the total amount of charges shall be included.

Recognizing that the total amount of the charges under this Agreement is the final charges.

Article 2 (Methods for Payment of Contributions by Members) (1)

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