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(영문) 인천지방법원 2021.01.19 2020나50068
약정금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is a regional housing association established for the purpose of executing a regional housing project (hereinafter “instant project”) that constructs approximately 434 apartment units with approximately 22,518 square meters in Kimpo-si, Kimpo-si (hereinafter “instant project site”), and the said apartment units to be newly constructed according to the instant project (hereinafter “association apartment”).

B. On February 18, 2016, the Plaintiff entered into an agreement with the Defendant to enter into an association with the following terms: “The Defendant shall pay the Plaintiff KRW 251,50,000,000 for the members’ contributions and KRW 10,000 for the performance of their duties; ② the amount of KRW 6,150,000 out of the said members’ contributions and KRW 16,150,000 for the performance of the said duties within 10 days after entering into the agreement; ③ the remainder of the members’ contributions shall be paid in sequence until the occupancy; and the Plaintiff shall supply the Defendant with one unit of partnership apartment (hereinafter “instant agreement to enter into the association”).

(c)

Pursuant to Article 11 of the Housing Act, the Plaintiff obtained authorization for the establishment of a regional housing association with the number of its members on November 7, 2016 as 245, and authorization for changing the number of its members on July 3, 2017 to 407.

(d)

On February 2, 2016, the Defendant paid KRW 10,000,000 to the Plaintiff as the first down payment.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 2, 8, and 9, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the Plaintiff the contributions of the association members and the expenses for the promotion of its affairs under the contract to join the association of this case, barring any special circumstance, the defendant is obligated to pay the Plaintiff the amount of KRW 6,150,000, total of KRW 16,150,000 and KRW 10,000,000, total of KRW 16,150,000, and the expenses for the promotion of its affairs (hereinafter “the instant contributions, etc.”) and delayed damages.

B. The defendant's assertion

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