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(영문) 수원지방법원 2019.12.17 2019가단521539
계약금 등 반환 청구의 소
Text

1. The defendant shall pay 58,098,000 won to the plaintiff and 12% per annum from July 24, 2019 to the day of complete payment.

Reasons

1. The following facts are recognized as either a dispute between the parties or in full view of Gap evidence of 1 to 18, Eul evidence of 1 to 3, and the purport of all pleadings.

A. The status of the parties is a regional housing association established pursuant to the Housing Act for the purpose of carrying out a new project of constructing an apartment in the wife population C, and the plaintiff is the defendant's member.

B. On October 4, 2015, the Plaintiff entered into an agreement with the Defendant to enter into an association with a total of KRW 193,660,000,00 of the charges on the Category D (exclusive area) among the apartment units newly built by the Defendant (hereinafter “instant agreement to enter into an association”).

2) Article 7 of the Agreement on the Joining the Association

5. "Matters to be entered into a special agreement" may be changed in the form of the same letters as written test color as “the charges may be changed depending on the circumstances.”

“The total amount of the charges under this Agreement is a final charge,” although the provisions, including this provision, indicate that the size of characters is larger than that of other provisions, and that the same is not in color-type, but in the color-type color-type color-type color-type color-type color-type.

3) The Plaintiff separately affixed the charges under the agreement to join the association of this case, and the Plaintiff paid each of the pertinent cooperative members’ charges on the relevant date indicated in the attached claim statement column (total 58,098,000 won). C. On November 24, 2018, the Defendant held an extraordinary general meeting on which November 24, 2018 (i.e., an extraordinary general meeting to impose additional charges and an alteration to the agreement to join the association accordingly). According to the aforementioned special meeting resolution, the Plaintiff is obliged to pay the additional charges of KRW 18,020,000 to the members of the association of 59 square meters of exclusive use area of the Plaintiff.

2. In accordance with the resolution of the above special general meeting, the defendant around December 12, 2018, around February 15, 2019, and around April 11, 2019.

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