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(영문) 인천지방법원 2021.01.19 2020나50105
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 26, 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 296,00,000,000 for the members’ contributions and KRW 10,000 for the performance of their duties; ① The amount of KRW 10,000,000 out of the said members’ contributions shall be KRW 20,60,000 out of the said members’ contributions and KRW 10,000 for the performance of the said duties; ② within 10,60,000,000 for the said members’ contributions and KRW 10,000 for the performance of the said duties; ③ The remaining members’ contributions shall be paid in sequence until the occupancy; and the Plaintiff shall supply the Defendant with one household in partnership apartment (hereinafter “instant membership agreement”).

(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.

[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 finding as to the cause of the claim, the defendant is obligated to pay the Plaintiff the contributions of the union 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 20,600,000, and the amount of KRW 10,600,000, which is the sum of KRW 30,600,000, which is the sum of KRW 20,600,000, which is the sum of KRW 30,600,000, which is the sum of KRW 20,600,000, and the amount of losses for delay.

B. Judgment on the Defendant’s assertion 1) Defendant

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