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(영문) 서울중앙지방법원 2016.08.11 2015가단5310820
분담금반환 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 119,90,000 and the interest rate of KRW 15% per annum from August 11, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established to promote a housing construction project pursuant to the Housing Act and subordinate statutes in Dongjak-gu Seoul Metropolitan Government, and the Defendant applied for the authorization of establishment of the housing association to the head of Dongjak-gu Seoul Metropolitan Government on November 26, 2007. On June 16, 2008, the authorization of establishment of the housing association was obtained from the head of Dongjak-gu, Seoul Metropolitan Government. On March 28, 2008, the Plaintiff entered into a contract with the Defendant and the Defendant’s members (hereinafter “instant association subscription contract”). On March 28, 2008, the Plaintiff paid the Defendant KRW 20,000, business promotion expenses and KRW 59,950,000 on June 30, 2008, and KRW 59,950,000 on July 15, 2008, respectively.

3) The main contents of the instant agreement to join the association are as follows. Since the Plaintiff, as a qualified member of the housing association under Article 1 (general provisions), should implement the project in a state where the approval of the project is not finalized as a member of the housing association under Article 32 (5) of the Building Act, Article 32 (1) of the Housing Act, and Article 38 (1) of the Enforcement Decree of the same Act, the Plaintiff shall delegate all of the related business affairs to D to D to execute the project on behalf of it, and shall pay fees for the performance of the business affairs other than the neighborhood living facilities and the determined contributions, and shall separately select a cooperative's agent and shall execute the business affairs on behalf of it, and shall pay business promotion expenses to the Plaintiff. The Defendant and D shall supply one household of the apartment house contracted by the Plaintiff among the construction contracts and business schedule (Provided, That the supply size may be increased or decreased according to the matters of the authorization and permission) to the Plaintiff at the time when the qualification of the association member is granted by the permitting authority.

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