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(영문) 서울중앙지방법원 2015.08.13 2014가합14820

조합원지위확인

Text

1. The defendant shall pay to the plaintiff KRW 92,745,043 and KRW 16,000 among them, from February 28, 2000, KRW 60,000.

Reasons

1. Basic facts

A. CAF housing association (the name of the Defendant association is changed later, and without distinguishing it, the Defendant association recruited its members on the condition that the apartment building was constructed on the land outside Dongjak-gu Seoul Metropolitan Government D and eight lots.

E, around February 28, 200, entered into a contract with the Defendant Cooperative to purchase 33 square apartment units in KRW 169 million (hereinafter “instant sales contract”), and paid KRW 10 million in the application amount and KRW 6 million in the business promotion expenses.

After succession to the status of E member, the Plaintiff paid a total of KRW 60 million on August 25, 2006, including the first and fourth contributions.

B. During the foregoing apartment construction project’s late May 6, 2009, the executive division of the Defendant Union was changed from the extraordinary general meeting held on May 6, 2009. Accordingly, the Defendant Union held an event to verify the details of the contributions paid by its members from July 20, 2009 to August 4, 2009 (the first place) and from June 4, 2010 to June 7, 2010 (the second place).

On the other hand, the Defendant Union made a resolution on the first additional contributions from the ordinary meeting held on January 13, 2010, and made its members enter into a modified contract that reflects the additional contributions from July 10, 201 to July 13, 2010.

However, the Plaintiff did not participate in the exercise to verify the details of the above contributions, and did not prepare the said modified contract.

Accordingly, on August 24, 2010, the Defendant sent to the Plaintiff a letter demanding the conclusion of the above modified contract by August 31, 2010, and the above written public notice reached the Plaintiff around that time.

C. Nevertheless, the Plaintiff did not pay the contributions under the instant sales contract and did not enter into the said modified contract. As such, at the ordinary meeting held on April 26, 2012, the Defendant Union expulsion 20 members including the Plaintiff, from the general meeting of shareholders held on April 26, 2012, and Defendant (specific time, method, etc.) conduct the expulsion and follow-up business thereof.