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(영문) 인천지방법원 2021.01.19 2020나50129
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 for the purpose of executing a regional housing project (hereinafter “instant project”) that constructs approximately 434 apartment units of approximately 434 households in Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “instant project”), and the said apartment units to be newly constructed according to the instant project (hereinafter “association apartment”).

B. On May 12, 2016, the Plaintiff and the Defendant paid to the Plaintiff KRW 10,000,000 for the Plaintiff’s share of the Plaintiff’s member and KRW 265,90,000 for the performance of its duties, and the Plaintiff concluded a partnership agreement with the effect that “10,000,000 out of the share of the Plaintiff’s member shall be made at the time of the contract, ② within 17,590,000 out of the share of the Plaintiff’s member and KRW 10,000 for the performance of the said duties, and KRW 17,590,000 for the aggregate of the share of the Plaintiff’s share of KRW 7,590,00 among the share of the Plaintiff’s member and KRW 10,000 for the performance of the said duties, and ③ the remaining share of the Plaintiff shall be paid in sequential order until the occupancy, and the Plaintiff supplied the Defendant with the Plaintiff’s share of

(c)

In accordance with the Housing Act, the Plaintiff obtained the authorization to establish a regional housing association with the number of its members of 245 around November 7, 2016, and the authorization to change the number of its members to 407 persons around July 3, 2017.

(d)

On May 2016, the Defendant paid the Plaintiff KRW 10 million out of the contributions to the Plaintiff as the first down payment.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 8 and 9, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the Plaintiff the contributions of the association members and the expenses for the promotion of its affairs under the contract to join the association of this case, barring any special circumstance, the defendant is obligated to pay the Plaintiff the amount of KRW 7,590,000 and the amount of KRW 10,590,000, totaling of KRW 17,590,000 and the expenses for the promotion of its affairs (hereinafter “the instant contributions, etc.”) and the delayed damages.

B. The defendant's assertion

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