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(영문) 창원지방법원 2019.06.13 2019가단22

납입금등반환

Text

1. The Defendant’s KRW 69,300,000 as well as the Plaintiff’s annual rate of KRW 5% from December 15, 2018 to June 13, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a regional housing association under the Housing Act established for the purpose of constructing a collective housing of the size of 2 underground floors and 34 stories above ground (10 Dong-dong 978 households) in the method of a regional housing association at the Seocho-gu, Changwon-si, Changwon-si and supplying a collective housing to its members and general buyers.

B. On September 14, 2016, the Plaintiff concluded a membership agreement with the Defendant Cooperative, and paid the following shares of the association members, and agreed to purchase an apartment house (73m2, Blin, and D) promoted by the Defendant Cooperative.

The household contributions of KRW 198 million, the service cost of KRW 90 million, the service cost of KRW 9 million, and the extension cost of balcony of KRW 9 million.

C. The Plaintiff paid the Defendant Cooperative KRW 67,100,000 (which shall be appropriated for the loans jointly and severally guaranteed by the Defendant), KRW 9,000,000,000,000 for the agency service cost, and KRW 2.2,00,000,000 for the balcony expansion cost.

Plaintiff

In May 2018, some of the members of the Defendant Union were very poor to implement the project, and it was demanded that the Defendant Union submit suspicions about the budget operation of the Defendant Union and disclose the location of the use of funds.

E. Around June 7, 2018, the Defendant Union passed a resolution to dismiss the Plaintiff from the Defendant Union by a resolution of the board of directors.

F. According to the contract for joining an association prepared by the Plaintiff and the Defendant Union (hereinafter “instant contract for joining an association”), if a partner is expelled, the agent service fee out of the already paid amount shall be deducted, and the remaining contributions shall be refunded only to the principal paid, and the time when the refund is made shall be the time when the deposit is completed by replacing the new partner or the general seller.

[Recognitions] Items A, 2, and 3, and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the contract for joining the Plaintiff and the Defendant Union was terminated by a resolution of expulsion of the Defendant Union.

I would like to say.

Defendant Union, excluding KRW 9 million, out of the amount paid by the Plaintiff to the Plaintiff, 6.

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