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(영문) 서울남부지방법원 2015.05.08 2014가단50269
약정금 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From January 31, 2006 to January 18, 2014, until the association is dissolved, the Defendant served as the representative of the DHousing Reconstruction Project Association (hereinafter “D Housing Reconstruction Project Association”) established for the housing reconstruction project on the 40 parcel outside Yeongdeungpo-gu Seoul Metropolitan Government, and was paid KRW 21,59,487 as of January 31, 2014 from the said association.

B. The Plaintiff, who owned a house within the said reconstruction project zone, was a director of the said reconstruction association. On December 18, 2009, the Plaintiff concluded a supply contract with the instant reconstruction project association to purchase the housing units in the amount of KRW 51,450,00 (the Plaintiff’s housing units shall be assessed as KRW 339,541,01 in the amount of the rights of the association members, and the actual charges shall be assessed as KRW 171,908,989 in the amount of the rights of the association members).

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 and 7, the purport of the whole pleadings

2. Determination:

A. The purport of the parties' assertion is that the plaintiff would not bear additional charges even if the defendant purchased an apartment unit of 37.7 square meters, which would reduce the plaintiff's house's 500 million won. However, the plaintiff did not comply with the promise to pay interest on moving expenses, and ii) did not comply with the agreement to compensate for the damages equivalent to the interest, iii) did not comply with the agreement to compensate for the part payment, 6.0 million won, 3,000 won, 3,000 won, 1.5 million won, 4,000 won, 1.5,000 won, 3,000 won, 1,500,000 won, 3,000 won, 1.5,000 won, 3,000 won, 4,011 won, 339,000 won, 188,844,359 won, and 1.5,000 won, 3,000 won.

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