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(영문) 수원지방법원 성남지원 2018.01.24 2017가단212841
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a regional housing association established for the purpose of newly constructing an apartment of “A district-based housing association” (hereinafter “instant association apartment”) in the G of Gwangju City, and the Defendant was a member of the Plaintiff.

B. On April 13, 2015, the Plaintiff and the Defendant entered into a partnership membership agreement and the Defendant’s payment of charges, etc. between the Plaintiff and the Defendant. On April 13, 2015, the Plaintiff and the Defendant entered into a partnership membership agreement with the effect that the Defendant would pay the Plaintiff the Plaintiff the Plaintiff’s share of the association members and that in return,

(A) The main contents of the above contract are as follows: (a) the executor of the subscription contract for the members of the District District Housing Association: (b) the District District Housing Association (hereinafter referred to as “A”) shall be referred to as “A.

(tentative) Members: (tentatively named) the subscriber of the regional housing association or member of the district housing association (hereinafter referred to as “B”).

(3) A business representative: Acheon-si Co., Ltd. (hereinafter “Sick-si”)

(3) The total amount of the charges shall be the charges under Article 7(1) through (5) of the Regulations of the Association, the total amount of the charges under Article 2(2) of the Agreement and the agency charges under Article 45(2) of the Regulations of the Association, and the difference arising from the allocation of the charges under Article 45(3) of the Regulations of the Association shall be the amount calculated by adding the charges under Article 2(2) of the Agreement to the amount of the charges under Article 45(3) of the Regulations of the Association, and the difference arising from the allocation of the charges under Article 45(3) of the Regulations of the Association (in cases of increase or decrease of the charges, the difference arising from the differential application of the charges under Article 2(5).

Provided, That where the design change due to the request of Gap and Eul and the construction cost is increased through consultation between Gap and Eul, the total amount of charges shall be increased if the project is delayed due to the delay of the project due to Gap and Eul, and if there occurs a cause of force majeure, such as natural disasters.

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