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(영문) 인천지방법원 2021.01.13 2019나70455
약정금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is a regional housing association established with the purpose of executing a regional housing project (hereinafter “instant project”) in which apartment buildings with 435 households are constructed on the land of 22,518 square meters in Kimpo-si, Kimpo-si (hereinafter “instant project site”). The Plaintiff is a regional housing association established for the purpose of executing the said apartment building to be newly constructed according to the instant project (hereinafter “association apartment”).

B. On May 21, 2016, the Plaintiff entered into an agreement with the Defendant to enter into an association with the following terms: “The Defendant shall pay the Plaintiff KRW 308,200,000,000 for the members’ contributions and KRW 10,000 for the performance of their duties; ② the amount of KRW 11,820,000 out of the said members’ contributions and KRW 21,820,000 for the performance of the said duties within 10,000,000 for the said members’ contributions and KRW 10,000 for the performance of the said duties; ③ the remainder of the members’ contributions are paid in sequence until the occupancy; and the Plaintiff shall supply the Defendant with one household in partnership apartment (hereinafter “instant agreement to enter into an association”).

(c)

The Plaintiff obtained authorization from the Kimpo-si, on November 7, 2016, to establish a regional housing association with the number of its members of 245, and obtained authorization to change the number of its members to 407 persons on July 3, 2017.

[Ground for recognition] Unsatisfy, Gap 1, 3, 7, and 8's statements, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant shall pay to the Plaintiff the Plaintiff KRW 21,820,000 in total and KRW 31,820,000 in total, and KRW 10,000 in total, and KRW 10,000 in total, and KRW 10,000 in total, and KRW 10,000 in each of the instant orders for payment from June 1, 2016 to June 3, 2019, respectively, after the date following the date of entering into the agreement for entering into the agreement for entering into the instant association, respectively, with respect to KRW 11,820,00 in total, and KRW 10,820,00 in total, and KRW 10,820 in total,00 in total, and KRW 10,000 in total,00 in total after the date of entering into the agreement for entering into the instant association.

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