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(영문) 대구지방법원포항지원 2019.12.19 2019가단106468
위약금
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. On September 25, 2017, the Defendant was authorized to establish an apartment building project in accordance with relevant statutes, such as Article 11 of the Housing Act. 2) On August 1, 2018, the Pohang Port Mayor publicly announced the approval of the housing construction project plan that the Defendant and E build an apartment building, etc. in the North-gu, North-gu, Po Port as the project implementer.

3) Under the Defendant’s bylaws, the “Promotion Committee” was established to carry out the affairs necessary for the implementation of the project, such as securing the project site, organizing the association members, and the project plan (Article 7 subparag. 10), and the permission from the president of the Promotion Committee or the head of the association where the association wishes to join the association (Article 9 subparag. 12), and the agreement for joining the association, letter of delegation, delegation, various written consents, etc., prepared at the time of joining the association with the Promotion Committee, shall be deemed as approved by the association, and shall take effect retroactively from the time of joining the association (Article 3 of the Addenda). (B) The Plaintiff (Appointed Party) entered into a membership agreement with the Promotion Committee on Jan. 9, 2016 with the Promotion Committee and entered into the association membership agreement with the Promotion Committee, and entered into the agreement with the head of the inaugural general meeting to be provided with KRW 165 million,0000,000,000,000 for the members’ contribution.

2) On March 20, 2016, when entering into a membership agreement with the promotion committee, D agreed to pay a total of KRW 165 million to the members of the association with respect to H among apartment units, and prepare and submit the written consent form, the head of the inaugural general meeting, the head of the association, and the written consent form, the written consent form, the written consent form, the written consent form, the written consent form, the written consent form, the written consent form, the written consent form, the written consent form, the written consent form, the written consent form, the written consent form, the written consent form, and the written consent form, etc. for the joint use of administrative information.

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