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(영문) 서울동부지방법원 2019.11.28 2017가단133063
기타(금전)
Text

1. As to the Plaintiff KRW 71,50,000 and KRW 27,000 among them, the Defendant shall pay to the Plaintiff KRW 17,250,000 from February 11, 2014, and KRW 17,250,00.

Reasons

1. Basic facts

A. The Defendant Cooperative is a regional housing association under the Housing Act established for the purpose of “D regional housing construction project for apartment buildings” in many lots outside Gwangjin-gu Seoul Special Metropolitan City.

B. On February 6, 2014, the Plaintiff entered into a contract with the Defendant’s Promotion Committee for the Establishment of a Regional Housing Association (hereinafter “instant contract”). On February 11, 2014, the Plaintiff paid KRW 17 million to the Defendant, the first down payment of KRW 17 million on February 11, 2014, the first down payment of KRW 10 million on February 11, 2014, the second down payment of KRW 17250,000,000 to the Defendant on March 31, 2014, and the second down payment of KRW 17250,000,000 to the intermediate payment of KRW 2,7250 on May 28, 2014. The main contents related to the instant contract are as follows.

(tentative) The purpose of this Agreement is to fully delegate the practical matters of "A" to "A" to facilitate the establishment of D regional housing association, apartment association, apartment association (main complex) and incidental welfare facilities, and "A" to provide "B" with one unit of apartment housing by again entrusting the affairs of authorization, permission, etc. of the project to "A" to "A" in order to faithfully promote the project. Article 6 [Mode of the project] 7] The purpose of this Agreement is to adjust the accounts only for the portion of the contributions to be recruited by the members of the association, and "B" is not entitled to request the disclosure of the accounts for the expenses of the association, and the agency is not entitled to demand the payment of contributions to the agency. Article 7 [members: 262,00,00 won, 3. The members are entitled to share the expenses of the association, the expenses of purchase of land, the expenses of construction works, the expenses of construction supervision, the expenses of the association related to the construction project, the expenses of housing management, the expenses of the association, the construction of the association and the trust business.

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