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(영문) 창원지방법원 2021.01.21 2019가합56367

조합원지위확인 등의 소

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1. From October 18, 2019 to Plaintiff A, Plaintiff B from April 3, 2017 to Plaintiff B, Plaintiff C from October 24, 2019 to Plaintiff E, and Plaintiff E from July 4, 2017.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established to carry out the construction project of apartment units with a total of 3,764 households (hereinafter “instant project”) from Kimhae-si, G, and 283 (hereinafter “instant project”), and obtained authorization for establishment under the Housing Act from the Kimhae-si mayor on April 12, 2016, and obtained approval for the instant project plan on June 16, 2017.

B. The Plaintiffs A, B, C, and E entered into a membership agreement with each of their respective (tentative name) regional housing associations (hereinafter “the promotion order”), with which the said Plaintiffs paid the members’ contribution to the cost of the project and receive ownership of one unit of an apartment house to be newly constructed according to the instant project (hereinafter “the instant apartment”) in the future (hereinafter “instant purchase agreement”), and thereafter, the Defendant succeeded to the rights and obligations of the promotion order.

(c)

The above plaintiffs paid the down payment, allotted money, administrative station expenses, etc. to the defendant in accordance with the subscription contract of this case, and the payment details are as listed below.

On the other hand, the above plaintiffs received the Brazil Branch loan and paid it as a contribution, from July 2018 to September 2019, and from July 2018 to September 2019, Plaintiff A paid interest on the loans of KRW 3,277,154 to Plaintiff B, KRW 3,067,528, and KRW 3,067,52 to Plaintiff E from July 2018 to September 2019.

Plaintiff

Details A: (134,50,000 won on May 6, 2015; (2) 10,000 won on April 27, 2015; (3) 18,400,000 won on May 4, 2015; and (4) 14,300,000 won on an administrative calendar on May 4, 2015; (4) 28,40,000 won on an intermediate payment on July 14, 2015; (5) 10,40,000 won on May 31, 2017; (4) 10,40,000 won on an intermediate payment on May 31, 2017; and (5) 10,50,000 won on an intermediate payment (part of 10,40,000 won); and (4) 10,50,000 won on an intermediate payment on July 32, 2015, 2017.