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(영문) 창원지방법원 2020.04.09 2019가합54804
분담금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant was a regional housing association established to implement a new housing construction project to build an apartment on the ground of the D window of Changwon-si, Changwon-si, and obtained approval for the establishment on November 9, 2015, and approval for the project plan on July 12, 2016, respectively.

B. On June 26, 2015, Plaintiff A, and Plaintiff B, on June 29, 2015, entered into an agreement between the Defendant’s telegraph (tentatively named) and the Defendant’s Committee for Promotion of Regional Housing Association (hereinafter “Promotion Committee”) on the Plaintiff’s membership and the Plaintiff’s share of expenses for the project (Plaintiff A: 21 billion won, Plaintiff B: 213 billion won, and KRW 213 billion) with respect to the Plaintiff’s membership and the Plaintiff’s share of expenses for the project (hereinafter “each of the instant subscription agreements”).

C. The part relating to the instant case in each of the instant accession agreements is as follows.

(A) “A” means the Plaintiffs, who succeed to the rights and duties of the promotion committee or the promotion committee, and “B” means the Plaintiffs, who are the members of the promotion committee or the promotion committee. [Attachment] Unit Generation (application): 68m2, A(Plaintiff B)/B (Plaintiff A) [The supply price and payment method] means the above indication property and the supply price and payment method shall be supplied by the following methods, and “B” shall be paid by the agreed date to the bank account as

(A) At the expiration of the date of the agreement, the interest for delay shall be imposed. [The plaintiff A] (unit: : 15,000 won) 21,000 m21,000 m21,100 m2,200 m21,00 each of 21,000 m21,00 m2,00 for the first contract for the first contract for the down payment for the down payment for the first down payment for the down payment and the intermediate payment for each house recruitment group (supply price) 68 m2,00 m213,005,000 m216,300 m2,300 m2,460 (service) m213,000 m2,000 m2,300 m2,300 m2,460 (service) after the date of the first contract for the remainder of the first contract for the contract.

2. The service cost shall be from the time when the promotion committee of “A” is constituted to establish the association, approve the project plan, complete the project and occupy the association members.

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