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1. The Defendant shall pay to the Plaintiff KRW 46,10,000 and the interest rate of KRW 15% per annum from October 17, 2017 to the day of full payment.
Reasons
1. Conclusion of a contract to join the association and payment of contributions;
A. The Defendant Union is a housing association established to carry out a construction project of a local housing apartment at D members in Namyang-si, Namyang-si, and obtained authorization for the establishment from the Namyang-si market on December 23, 2015.
The Defendant Union delegated all the tasks of the Union including the composition and recruitment of union members, the management of union members contributions, and the drawing of club water.
B. On July 24, 2015, the Plaintiff entered into an agreement to enter into an association with E Co., Ltd. and an applicant household with KRW 84m2,00,000,000, the share of which is KRW 46,100,000. At that time, the Plaintiff paid KRW 46,100,000 as down payment to G Co., Ltd., a fund manager.
C. On September 14, 2015, the Defendant Cooperative held an inaugural general meeting and approved the project plan stating “the construction of apartment houses with 452 households with the size of 18,794 square meters in project site area, 2 underground floors, and 47 floors above ground.”
Around that time, the Plaintiff entered into a contract with E Co., Ltd. and the applicant household to change the amount of contributions to KRW 355,869,000.
On October 28, 2015, the Defendant Cooperative held an extraordinary general meeting and resolved to revise the previous project plan, etc. on the ground that it is difficult to secure the project site, such as “new construction of apartment units with 224 units on the scale of 8,976 square meters in the project site area, 27 stories in underground, and 37 stories in the ground.”
[Grounds for recognition] Unsatisfy, Gap 1-6 evidence, the purport of the whole pleadings
2. Determination:
A. The Plaintiff’s “one household with H 38 square meters of 59 square meters,” which was promised to the Plaintiff due to the change of the business plan resolved at the special general meeting of the Plaintiff on October 28, 2015, supra, became extinct.
On November 2015, the Plaintiff notified that he would cancel the partnership membership agreement by finding E, a corporation, and that E, a corporation, at the time of the Defendant Union’s establishment, expressed its intent to cancel the contract on November 26, 2015 with the consent of the head of the association I.