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(영문) 의정부지방법원 2019.03.28 2017가단100628
입회금반환 청구의 소
Text

1. Defendant C Co., Ltd.: (a) with respect to KRW 100,700,364 and KRW 98,450,000 among them, and (b) with respect to Plaintiff B, 100,692.

Reasons

1. Facts of recognition;

A. On June 24, 2005, Co., Ltd. entered into a management-type trust agreement on the business of newly building and selling G resort condominiums (hereinafter “instant containers”) to the Fil House at the Government Time with Defendant D (hereinafter “instant trust agreement”) and entrusted Defendant D with the implementation of the instant trust agreement.

Defendant D obtained on February 28, 2007 the approval of the business plan for the tourist accommodation business using the instant containers.

B. On May 29, 2008, the Plaintiffs entered into a membership agreement with Defendant D on 66.90 square meters of each of the instant containers, 1/2 of the 66.90 square meters of each of the instant containers, 140,649,000 won of each of the admission fees, and the scheduled date of use from June 2009.

The part concerning the issue of this case in the membership recruitment contract prepared at the time is as follows:

(hereinafter referred to as the “instant membership agreement” and the membership agreement is referred to as the “instant membership agreement”). Article 2 (Entry Fee and Payment Method) (1) The admission fee is KRW 140,649,000 per day, and the details are as follows.

1. Principal 120,570,000 won per annum; and

2. The plaintiffs shall pay to Defendant D the amount of 20,079,000 won per day of deposit (20,000 won) as follows.

Provided, That any balance shall be paid with the payment and repayment of the membership card after the date of completion.

The amount to be paid by the Plaintiff A (10% of the total amount to be paid) on May 29, 2008, Plaintiff B (10% of the total amount to be paid) on the first installment (20%) on the 14,060,000 14,060,064,90 on May 29, 2008, on August 31, 2008, the first installment (20%) (28,130,000 28,130,1300 on the second installment (20%) on the 28,130,000 28,130,000 28,130,003 intermediate payment (20%) shall be acquired on March 31, 2009 from the date of completion of the establishment of the membership, the Plaintiffs shall acquire the membership qualification under Articles 19,140,130,130,130 (10%) and 294.

Article 9 (Cancellation of Contracts) (3) Where it is impossible to use a container more than three months from the scheduled date of use of the container due to Defendant D’s completion delay, etc., or it becomes impossible to perform the contract by Defendant D.

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