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(영문) 서울동부지방법원 2018.07.20 2017가단102762
조합원 분담금 반환
Text

1. The Defendant’s KRW 54,48,00 and its annual rate from December 16, 2016 to February 9, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a regional housing association (hereinafter “instant association”) established for the purpose of constructing an apartment of “B-regional housing association” (hereinafter “instant apartment complex”) in Gwangju City, and the Plaintiff is a member who has joined the said association.

B. On April 13, 2015, the Plaintiff and the Defendant entered into an agreement to enter into an association between the Plaintiff and the Defendant and the Defendant to enter into an association (hereinafter “instant agreement to enter into an association”) with the content that the Plaintiff would pay the Plaintiff’s contribution to the Defendant and in return, the Plaintiff would purchase one of the instant association apartments from the Defendant (hereinafter “instant agreement”).

(A) The details of the above contract are as follows: (a) a member of the regional housing association; (b) a member of the regional housing association; and (c) a member of the regional housing association (hereinafter referred to as “A”).

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

A) Business agent: Acheon Land Co., Ltd. (hereinafter referred to as “disease”).

(2) Article 1 (Specialized) (2) A and C shall supply to B the total amount of charges under Article 2 and all kinds of taxes and public charges, depending on the business schedule, where B completely pays the charges under Article 2, the difference in charges may arise as the supplied area has been determined at the time of approval of the business plan, and in cases of increase or decrease of charges, the amount of charges shall be determined at the time of conclusion of the supply contract after approval of the business plan). (3) The total amount of charges shall be the charges under Article 7(1) through 5 of the Regulations of the Association; the sum of the charges under Article 2(2) of the Agreement; the amount calculated by adding the charges under Article 2(2) of the Agreement and the agency expenses; and shall be the sum of the amount calculated by allocation of charges under Article 45 (Supply of Housing); and

Provided, That where the design change due to the request of A and B and the construction cost is increased through consultation between A and B, where the project is delayed due to the delay of the project due to Gap and B, the cause of force majeure, such as natural disasters, occurs.

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