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(영문) 서울남부지방법원 2020.08.20 2020가단201655
손해배상(기)
Text

1. Defendant B’s regional housing association promotion committee shall pay to the Plaintiff KRW 35,00,000 and its amount from January 24, 2020.

Reasons

1. Facts of recognition;

A. Defendant B’s regional housing association promotion committee (hereinafter “Defendant B’s promotion committee”) is an organization that seeks to establish a regional housing association in order to construct housing in Guro-gu Seoul Metropolitan Government D D, and Defendant C is a company that vicariously executes the duties of Defendant C’s promotion committee.

B. On September 7, 2017, the Plaintiff visited the promotion office operated by the Defendants to join the Defendant’s Promotion Committee as a member of the Defendant’s Promotion Committee. On September 30, 2017, the Plaintiff drafted a partnership subscription agreement (Evidence A No. 2-1, hereinafter “instant partnership subscription agreement”).

Members' contributions under the above contract are 321,820,000 won, and agency expenses are 22,000,000 won.

On September 7, 2017, the Plaintiff paid each of KRW 35,000,000,000, totaling of KRW 10,000,000 on September 30, 2017 and KRW 35,00,00,000, to the Defendant Promotion Committee as part of the association members’ contributions and agency expenses.

C. On September 7, 2017, the Defendant Promotion Committee issued to the Plaintiff the “Certificate of Contract Draft Security for Cooperative Members” (Evidence A 3-1) stating that “if this union fails to complete the deliberation of the competent authority’s Urban Planning and Building Joint Committee (including district unit planning, building deliberation, etc.) within the first half of 2018, the said union will guarantee the refund of the full amount of cooperative members’ contributions (including agency expenses) paid to the union.

The Defendant Promotion Committee only proposed the establishment of a district unit planning zone to the Mayor of Seoul Special Metropolitan City on July 9, 2019, and did not complete deliberation by the Urban Planning and Building Joint Committee until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3 and 6, fact inquiry results against the Seoul Special Metropolitan City Office, the purport of the whole pleadings

2. Determination as to the claim against the Defendant Promotion Committee

A. On September 7, 2017, the Defendant Promotion Committee issued to the Plaintiff the “Certificate of Contract Security for Union Members” (Evidence A No. 3-1) to determine the cause of the claim, and the competent authority is within the first half of 2018.

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