(영문) 서울중앙지방법원 2012.10.18 2012가단144089

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(영문) 서울중앙지방법원 2012.10.18 2012가단144089

분담금연체이자반환

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1. The Defendant paid KRW 6,605,347 to the Plaintiff KRW 5% per annum from April 21, 2012 to October 18, 2012.

Reasons

1. Basic facts

A. The defendant association was authorized to establish the housing association from the Seocho-gu Office on June 30, 2003 as the association established for the Seocho-gu Seoul Metropolitan Government Housing Reconstruction Project, and was authorized to implement the project on April 30, 2005.

B. Charges imposed on members shall be calculated by the formula of [sale price- (the total income of the site and constructed facilities after completion of the project - the total amount of the previous land and constructed facilities - the expenses to be borne jointly) / The estimated cost rate of the defendant's association is calculated by the formula of 100 x 100.46% on July 19, 2006; 118.71% on October 17, 2008; 118.71% on December 29, 2011; 134.43,671,518 won on October 10, 201, which was determined by the defendant's association as 134.41% on December 29, 2012; and the estimated cost rate is calculated by the formula of 130.46% on July 19, 2006; and the overdue interest rate is not to be paid to the plaintiff.

The changes were made to 134.41% each.

C. The Plaintiff is the owner of Seocho-gu Seoul Metropolitan Government B No. 3 Dong 1007, and was classified as a cash liquidation subject because it did not apply for an application for parcelling-out during the period of application for parcelling-out to the Defendant Cooperative, but applied for parcelling-out around September 1, 201, the Plaintiff was determined as the first 469,087,180 won, and the Plaintiff was to pay it eight times.

From September 1, 2011 to January 12, 2012, the Plaintiff paid KRW 469,087,180 for charges and overdue interest of KRW 115,610,920 for the charges and overdue interest of KRW 115,610,920 for the charges as of June 29, 201 and the due date for payment of the charges as of September 15, 201 are as follows.

On November 26, 11, 296, the interest rate on November 1, 129, 129, 1290, 129, 129, 129, 64. 7. 11. 26, 26. 46, 90, 11. 46, 90, 13. 4. 7. 13. 26.

유사 판례

-서울중앙지방법원 2012. 10. 18. 선고 2012가단144089 판결

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