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(영문) 인천지방법원 2021.01.13 2020나50044
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 13, 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 10,00,000,000 for the members’ contributions and for the performance of their duties; ① the amount of KRW 10,00,000 out of the above members’ contributions shall be: ② the amount of KRW 8,450,000 out of the above members’ contributions and KRW 10,000 for the performance of the above duties shall be KRW 18,450,000 within 10,000 after the conclusion of the agreement; ③ the remaining members’ contributions shall be paid in sequence until the occupancy; and ③ the Plaintiff shall supply the Defendant with one unit of partnership apartment house (hereinafter “instant agreement”), and the Defendant paid KRW 8,450,000 to the Plaintiff in accordance with the instant agreement to enter into the 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, 8, and 9's statements, and the purport of the whole pleadings 2

A. According to the above facts of recognition as to the cause of claim, the Defendant shall pay to the Plaintiff 20,000,000 won in total for the union members and the expenses for performing their duties, which have been due under the instant union membership agreement (hereinafter “instant contributions, etc.”), and from May 24, 2016 to March 22, 2019, the date when the original copy of the instant payment order was served on the Defendant, from May 24, 2016, until March 22, 2019, KRW 5% per annum as prescribed by the Civil Act, and from the following day until May 31, 2019, the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc.

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