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(영문) 전주지방법원 2016.10.12 2013가합2732

분담금 반환

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Establishment and joining the association (1) The Defendant was a regional housing association established on August 20, 201 under the Housing Act and subordinate statutes, which was approved to establish the housing association on September 30, 201, in order to promote a housing construction project at the Young-gu Seoul Special Metropolitan City AK.

(2) Each of the plaintiffs entered into an agreement with the defendant as a member of the association of this case (hereinafter referred to as the "agreement of this case"). The plaintiff G paid 37 million won as a member's contribution, 8 million won as an agent's contribution, 22 million won as a member's contribution, 32 million won as a member's contribution, 32 million won as a member's contribution, and 8 million won as an agent's contribution, and 8 million won as an agent's contribution. The remaining plaintiffs paid 42 million won as a member's contribution to the defendant, and 42 million won as a down payment and 8 million won as an agent's contribution, respectively.

B. The main contents of the instant covenant of association are as follows.

Article 4 (2) The term "member" means a person who is qualified pursuant to relevant Acts and subordinate statutes and is admitted to the Association, is a person who has paid the amount in good faith and is not disqualified as a result of complying with this Code.

(3) The term "association" means a person who has the representative's authority at the time of authorization to establish an association, and refers to a representative or the chairperson, etc. before authorization to establish an association is granted, and all similar phrases shall be included therein.

(5) The term "charges (or charges, payments, part payments, land rents, construction costs, project costs, etc.)" means the amount to be paid by members for the creation of housing sites, the construction of multi-family housing, and the operation of projects until the occupancy and liquidation is completed, including before the commencement of a project

Article 8 Expulsion of a member, and (1) Where a member falls under any of the following subparagraphs, he/she may be expelled by a resolution of the board of directors:

It is found that a member falls short of the qualification under the relevant Acts and subordinate statutes or by improper means.

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