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(영문) 서울중앙지방법원 2019.08.30 2019가합521187

부당이득금반환 등 청구의 소

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1. The part of the claim for nullification of the resolution of the general assembly among the lawsuits in this case is dismissed.

2. The plaintiff's remaining primary claims.

Reasons

1. Basic facts

A. The defendant is a regional housing association established pursuant to the Housing Act to carry out a project to build apartment units at Asan-si C Headquarters (hereinafter “instant project”).

On July 30, 2015, the Defendant applied for authorization to establish the D Regional Housing Association under the name of the D Regional Housing Association, and obtained authorization to establish the association on December 14, 2015, and thereafter the Si Corporation was changed from E Co., Ltd. (hereinafter “E”) to F Co., Ltd., and changed into the current name.

B. On July 3, 2015, the Plaintiff and the D District Housing Association Promotion Committee established and scheduled the Plaintiff to be established in the future, concluded a partnership accession agreement with the Defendant to provide KRW 177,9250,000,000,000,000 for union members and KRW 6,050,000,000 for business promotion expenses, and entered into a contract with the Defendant to be supplied with B-type apartments built in the instant project (hereinafter “instant partnership accession agreement”), and on the same day, separately on the same day, a construction contract with the construction cost of KRW 9,00,000 for balcony expansion works (hereinafter “instant separate contract”).

After the revision of the construction project, the Plaintiff drafted a written consent to the selection of the construction project around March 30, 2017, and then drafted a new partnership subscription agreement and a separate construction contract in which the construction project has been changed to FF stock company on the same day.

The contents related to this case among the agreement to join the association of this case and the separate agreement are as follows.

Article 4 [Co., Ltd. and Co., Ltd., Ltd., Ltd., hereinafter referred to as the “contractor”) of the District Housing Association B (hereinafter referred to as the “Defendant”) and the District Housing Association B (hereinafter referred to as the “A”), a subscriber (hereinafter referred to as the “Plaintiff,”) of the District Housing Association (hereinafter referred to as the “Co., Ltd.”) shall bear the following charges:

주택형 부담금 총액(단위 : 천 원) 부담금 업무추진비 계 59㎡ B형 173,200 6,050 179,250 ▣ 조합원 부담금 및 납부일정 형별 층별 모집가격...

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