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(영문) 서울북부지방법원 2018.08.30 2017가단135676
손해배상(기)
Text

1. The Defendant’s KRW 33,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 27, 2017 to August 30, 2018.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established to build a main multi-family apartment on the 7,839 square meters of land in Seongbuk-gu Seoul, Seongbuk-gu, Seoul as a homeless member, and obtained authorization for the establishment from the head of Seongbuk-gu Seoul Metropolitan Government Office around December 2015.

B. On June 10, 2014, the Plaintiff entered into a membership agreement with the Defendant, under which the Plaintiff would join the Defendant as the Defendant’s members and pay the Defendant a contribution to the expenses for the project and distribute the apartment house D (exclusive use area) to be constructed (hereinafter “instant membership agreement”), and the main contents thereof are as follows.

10,000,000 won or less after the second contract is entered into at the time of the first contract for down payment, 25 million won or less within 10 days after the authorization of establishment of the third party for the establishment of the 12.5 million won or less;

2. (tentatively Recognizing the request of the members of the regional housing association (tentatively referred to) will be duly accepted and replaced by a subsequent supply contract.

(Provided, That the first down payment and agency expenses already paid at the time of termination or renunciation shall not be refunded). 3. Due to the characteristics of the regional housing association, this project plan may be somewhat modified in the course of subsequent authorization and permission, and in this case, I promise to comply with the modified project plan.

4.The down payment shall agree to the purchase of land and the utilization of service charges under various service contracts for the Project from the date of payment of the members' commitment to joining.

5. The agency expenses shall be agreed to utilize by the agent.

(6) The solicitation of cooperative members has the land purchase cost, direct construction cost, design cost, and sales cost, and the cooperative members' contributions include the authorization and permission cost, various service cost, financial cost, additional construction cost in accordance with the terms and conditions of approval for the project, taxes and public charges due to the transfer and possession of the land, and all kinds of responsible persons' charges (hereinafter referred to as "water and sewage charges") required for the project.

C. On June 1, 2014, the Plaintiff was the first time to the Defendant under the instant subscription agreement.

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