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(영문) 수원지방법원 2020.08.19 2019가단575406

납입금 반환청구

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All of the plaintiffs' primary and conjunctive claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. The committee for promotion of the regional housing association C (hereinafter “promotion committee”) was established for the purpose of newly constructing and selling the apartment of the C regional housing association (hereinafter “instant apartment”) at the Dilsung City D (hereinafter “instant apartment”).

Plaintiff

On March 29, 2016, A entered into an agreement to enter into an association (hereinafter referred to as “first agreement”) with the Promotion Committee and the housing type “84C”; the total contributions are 214,868,000 won (per 197,268,000 won + business promotion expenses to be paid at the time of the establishment of the association + KRW 11,000,000 + business promotion expenses to be paid at the time of the establishment of the association + KRW 6,600,000; around that time, A paid KRW 11,00,000 among the above business promotion expenses and the contributions and KRW 4,00,000,000 among the contributions; and, upon applying for the authorization to establish the Housing Association, A puts his/her signature and affix his/her seal to the Promotion Committee.”

On May 27, 2016, the committee of promoters is referred to as the "Inaugural general meeting" below the "Inaugural general meeting of the defendant union.

(4) A union member may not withdraw from a union at will, on the other hand, at will, before 14 days from the union, submit a certificate of his/her personal seal to withdraw from the union, and the president of the union shall decide whether to withdraw from the union by resolution of the general meeting or the board of directors (the board of directors). (4) A union shall refund 10% (the balance after deducting the contract deposit) of the paid contributions to a person who loses its status as a union member due to withdrawal, loss, expulsion, etc. to a union member.