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1. As to KRW 19,295,990 and KRW 18,00,00 among them, the Defendant shall pay to the Plaintiff the year from April 11, 2019 to May 31, 2019.
Reasons
1. Basic facts
A. On July 2015, the Plaintiff: (a) sought explanation from C and D, which is an employee of the Defendant’s sales agency, that the written consent to the use of the entire land for the project site exceeds 80%, which is the standard for obtaining authorization for the establishment of a housing association; and (b) concluded a membership agreement through E, which is the Plaintiff’s agent (hereinafter “instant contract”).
B. In the instant contract, the Plaintiff determined that the Defendant would succeed to the rights and obligations of G from among the apartment buildings to be sold in lots, and that the Plaintiff would pay KRW 30,400,000,00 (20,400,000 for the first time of sale in lots) and KRW 18,00,000 for the difference between the first time of sale in lots and the second time of sale in lots at the time of sale in lots.
C. Accordingly, the Plaintiff paid KRW 5,00,000 as the down payment on July 22, 2015 by the Defendant’s order of a sales agent’s employee as a check. On July 24, 2015, the Plaintiff deposited KRW 25,400,000 as the passbook in the name of H in the post office passbook. On July 27, 2015, the Plaintiff paid KRW 18,000,000 as the check. On the same day, G’s certificate of succession to the rights (contract amounting to KRW 20,40,000) and G’s certificate of succession to rights, which was the first member, were issued and succeeded to G’s status as the Defendant partner.
On October 1, 2015, the Plaintiff, as a member of the Defendant, paid 20,156,000 won additionally to the Defendant as the Defendant’s member.
E. On the other hand, on November 16, 2018, the Plaintiff filed the instant lawsuit against the Defendant seeking a total of KRW 68,556,00, including the charges already paid, and damages for delay from the next day of the delivery of the duplicate of the complaint, on the grounds that the instant contract was fraudulent, and that the duplicate of the complaint reached the Defendant on November 23, 2018.
F. Of the instant lawsuit, on April 10, 2019, the Defendant paid KRW 50,556,000 to the Plaintiff as the name of refund of the contribution, etc.