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(영문) 부산고등법원 2020.11.26 2019나57650
약정금
Text

1. The part against the plaintiffs in the judgment of the first instance is revoked.

2.At the time of the trial, selective addition has been made.

Reasons

1. Basic facts

A. 1) The Defendant is an organization that held an inaugural general meeting on May 27, 2016 in order to carry out the new construction of apartment units by making the Pilwon P of the Busan Geum-gu P in the project site based on the Housing Act (the Defendant is deemed to succeed to the rights and obligations of the “O Housing Association Promotion Committee”, which is a telegraphic person through the above inaugural general meeting, and thus, is not divided into “the Defendant’s act” and “the act of the “O Housing Association Promotion Committee”, but is deemed to be the Defendant’s act”). 2) The Plaintiffs are those persons who have concluded an agreement to join the association with the Defendant as the members of

B. From April 2016 to April 5, 2016, the Defendant recruited its members (i.e., one lane from April 2016 to January 2017; and (ii) two-lanes from April 19, 2017). The Plaintiffs, from April 19, 2016 to October 11, 2016, concluded an agreement with the Defendant to enter into an association (hereinafter “each of the instant agreements”) with the Defendant on the date indicated “the date of the conclusion of the agreement” (hereinafter “each of the instant agreements”) as stated below, is difficult to view the Plaintiffs to enter the Defendant as the Defendant’s share of KRW 40, 70, 37, 47, 306, 47, 47, 57, 50, 47, 57, 196, 47, 57, 47, 57, 57, 206, 47, 57, 296, 16, etc.

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