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(영문) 서울북부지방법원 2018.08.31 2017가단128807
조합납입금반환 청구의 소
Text

1. The Defendant’s KRW 33,00,000 as well as the Plaintiff’s annual rate of 5% from September 28, 2017 to August 31, 2018.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established to build a main multi-family apartment on the 7,839 square meters of land in Seongbuk-gu Seoul, Seongbuk-gu, Seoul as a homeless member, and obtained authorization for the establishment from the head of Seongbuk-gu Seoul Metropolitan Government Office around December 2015.

B. On May 12, 2014, the Plaintiff entered into a membership agreement with the Defendant with the content that the Plaintiff would join the Defendant as the Defendant’s members and pay the Defendant the Defendant the share of the expenses for the project and distribute the apartment house D (exclusive use area) to be constructed (hereinafter “instant membership agreement”). The main contents are as follows.

12,50,000 won for vicarious execution expenses of KRW 15,000,000 for the second contract after the date of the first contract for down payment, 25,000 won for 12,50,000 for a month after the authorization for establishment of the third party is granted, within 10 days after the authorization for establishment of the third party is granted.

2. (tentatively Recognizing the request of the members of the regional housing association (tentatively referred to) will be duly accepted and replaced by a subsequent supply contract.

(Provided, That the first down payment and agency expenses already paid at the time of termination or renunciation shall not be refunded). 3. Due to the characteristics of the regional housing association, this project plan may be somewhat modified in the course of subsequent authorization and permission, and in this case, I promise to comply with the modified project plan.

4.The down payment shall agree to the purchase of land and the utilization of service charges under various service contracts for the Project from the date of payment of the members' commitment to joining.

5. The agency expenses shall be agreed to utilize by the agent.

(6) The solicitation of cooperative members has the land purchase cost, direct construction cost, design cost, and sales cost, and the cooperative members' contributions include the authorization and permission cost, various service cost, financial cost, additional construction cost in accordance with the terms and conditions of approval for the project, taxes and public charges due to the transfer and possession of the land, and all kinds of responsible persons' charges (hereinafter referred to as "water and sewage charges") required for the project.

C. The Plaintiff was the first time on May 12, 2014 to the Defendant under the instant subscription agreement.

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