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1. The defendant shall be paid KRW 358,200,000 from the plaintiff and at the same time real estate stated in the attached list to the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a regional housing association under Article 32 of the Housing Act established for the purpose of a housing construction project with 840 households on the 360 parcel, such as Busan Seo-gu C, etc., and obtained authorization for the establishment of the association from the head of Busan Seo-gu on April 6, 2018, and the number of union members is 480.
The defendant owns the real estate listed in the attached list (hereinafter referred to as "the real estate of this case") included in the said housing construction project area.
B. Promoters for the establishment of the Plaintiff set up a promotion committee under the name of the A Housing Association (hereinafter “Promotion Committee”) and carried out land purchase works within the project area.
On May 8, 2017, the Promotion Committee entered into a sales contract with the Defendant and the instant real estate with the content that the sales price shall be KRW 398,00,000, but the down payment equivalent to 10% of the sales price shall be paid within 60 days from the date of authorization for the establishment of the Housing Association; and the remainder of the sales price shall be paid within six months from the date of payment of down payment, and the sales contract was entered into with
(B) On the same day, the Defendant prepared a written consent for the use of the instant real estate to the Promotion Committee, and submitted a written application for joining the partnership in Chapter 2.
C. On August 3, 2017, a promotion committee announced those who submitted an application for joining an association to the effect that they are qualified as a member under Article 11 of the Housing Act and Article 21 of the Enforcement Decree of the Housing Act, including one household member or a homeless member of a house with a residential area of at least 6 months and a residential area of at least 85 square meters in Busan, Busan, and provided guidance to prepare a partnership membership agreement by having relevant documents prepared by September 3, 2017.
A promotion committee shall hold an inaugural general meeting at the time of attracting 467 members on November 12, 2017 to establish a plaintiff, and shall elect partnership officers and approve partnership rules.