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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from September 30, 2017 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On August 16, 2017, the Plaintiff purchased from the Defendant for KRW 208,00,000 of the building G on the ground (hereinafter “instant housing”) on the same day, and paid KRW 20,000,000 on the same day to the Defendant. The Plaintiff agreed to pay the remainder KRW 188,000,000 to the Defendant on September 28, 2017.
(hereinafter “instant sales contract”). B.
At the time of the instant sales contract, Japan, including the instant housing, was designated as a reconstruction project improvement zone under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) and was authorized to authorize the establishment of HHousing reconstruction and Improvement Project Association (hereinafter “instant reconstruction association”).
C. In addition to the instant house, the Defendant owned the same commercial building Iho Lake, and the Defendant’s husband D also owned the same commercial building Jhoho Lake.
Accordingly, Article 19 (1) 2 of the former Act on the Improvement of Urban Areas and Dwelling Conditions for Residents ("when several owners of land, etc. belong to one household, the provision that the representative is regarded as one member) has been exercising the rights of association members as to the reconstruction association of this case. D.
Meanwhile, according to Article 19(1)3 of the former Act, only one person representing several persons shall exercise the rights of association members, even if one person acquires the ownership of land or buildings or superficies from the owner of the land, etc. after the authorization to establish an association, and comes to possess them by several persons. At the time of the instant sales contract, the Defendant did not notify the Plaintiff of the fact stated in paragraph (1).
E. The Plaintiff, after paying the down payment, failed to obtain the status of the Plaintiff as a member of the reconstruction association of this case pursuant to the above C and D. The Plaintiff stated that the Defendant did not notify the above D at the time of the instant sales contract, and that the Plaintiff is a representative member.