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(영문) 서울중앙지방법원 2015.02.12 2014가합42351
분담금
Text

1. As to the Plaintiff, the Defendant’s KRW 331,968,423, and KRW 60,849,00 among them, the amount of KRW 30,424,00 shall be KRW 30,424,00.

Reasons

1. The basis for the request;

A. The Plaintiff is a housing association that obtained authorization for establishment from the head of Gangnam-gu Office on September 24, 2009 in accordance with Article 32 of the Housing Act, Article 37 of the Enforcement Decree of the same Act, and Article 17 of the Enforcement Rule of the same Act in order to implement the remodeling project of the Gangnam-gu Seoul Metropolitan Government C Apartment 101, 15-dong apartment (hereinafter referred to as the “instant apartment”). The Defendant is a member of the housing association who

B. On January 14, 201, the Defendant held a general meeting on January 14, 201, and passed a resolution on the approval of the remodeling plan for each household’s contributions and the method of payment of contributions.

The above agenda is that the defendant who has completed the registration of ownership transfer with respect to 1301 apartment units of this case pays the contributions of 301,821,048 won, and the defendant provided for the duty to pay interest on the basic relocation expenses.

C. On May 30, 2013, the Plaintiff entered into a contract with the Defendant to pay the instant apartment charge of KRW 304,248,241 with respect to the instant apartment charge of KRW 1301.

On December 6, 2013, the Plaintiff convened an extraordinary general meeting on December 6, 2013, and passed a resolution on the amendment to the plan for contribution, and according to the above resolution, the contribution to be borne by the Defendant was increased to KRW 331,968,424.

E. The total amount of the contributions to be borne by the Defendant is KRW 331,968,324, and the date agreed by the Defendant to pay the contributions and the amount of the unpaid contributions are as shown in the attached Table.

F. The overdue interest rate under the contract for the payment of contributions concluded by the Plaintiff and the Defendant is 15.42% of the overdue interest rate exceeding six months.

G. Therefore, with respect to the Defendant’s unpaid charges of KRW 331,968,423 and the down payment of KRW 60,849,00,00 from June 28, 201, which is the day following the due date, for the first intermediate payment of KRW 30,424,00, the Defendant shall pay to the Plaintiff KRW 331,968,423, and the second intermediate payment of KRW 30,424,00 from October 26, 201, which is the day following the due date, and the third intermediate payment of KRW 30,424,00 from March 24, 201, which is the day following the due date.

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