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(영문) 서울북부지방법원 2018.12.04 2017나4346
계약금반환
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Basic facts

A. The Defendant is an organization organized to promote the establishment, etc. of a regional housing association that implements a new project (hereinafter “instant project”) of constructing (tentative name) a district housing association with a size of 26,940 square meters in the site area of Dongdaemun-gu Seoul Metropolitan Government.

B. On September 1, 2016, the Plaintiff entered into a contract with the Defendant and the Defendant’s agent ELM Co., Ltd. (hereinafter “ELM”), under which the Plaintiff joined as the Defendant’s members and shared the expenses for the instant project, but the Plaintiff entered into a contract with the Plaintiff to purchase the number of units of 108 Dong 302 (2m2, 84.93m2, 112.84m2, among the apartments to be newly constructed as a result of the instant project (hereinafter “instant contract”), and the main contents are as follows.

Article 2 (Consent to Agency Business, etc.) Shesheshe shall have the authority and the duties under each subparagraph of paragraph (1) entrusted to Agency Byung (ELM; hereinafter the same shall apply) who is an agent, and the remuneration therefor shall be paid as the agency expenses paid by B without objection.

Article 3 (Qualifications for Members) (1) (hereinafter the same shall apply) guarantees that there is no problem in the qualifications of a regional housing association member as provided for in the Housing Act (including the Enforcement Decree, the Enforcement Rule, the Enforcement Rule, and other ordinances of the same Act) and shall maintain the qualifications until completion and occupancy.

Article 4 (Liability for Cooperative Members and Agency Expenses) (Liability for Cooperative Members and Agency Expenses) shall be shared and paid to A (the defendant; hereinafter the same shall apply) as follows for the project:

- Cooperative contributions: 424,800,000 - Agency contributions - 22,000,000 won: 22,00,000 won for the project: (i) A shall without delay pay the Cooperative contributions in accordance with the Schedule for Payment of Cooperative Contributions attached thereto for the smooth progress of the project, and the agency contributions shall be paid in full at the same time as the conclusion of this

(Provided, That it is possible to adjust the payment schedule of contributions under the joint name notification of Gap and Byung in conjunction with the implementation schedule of the project). Article 8 is cancelled.

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