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(영문) 부산고등법원 2021.02.03 2019나55371

분담금 반환청구 등

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and the appeal.

Reasons

1. Facts of recognition;

A. 1) Defendant (tentative name), the Committee for Promotion of the Housing Association (hereinafter “Defendant Promotion Committee”) is an organization organized to promote the business of newly constructing and selling multi-family housing (hereinafter “instant business” and the surrounding land such as Q, etc. “project site”). Defendant P Co., Ltd. (hereinafter “Defendant P”) is an agent entrusted by the Defendant Promotion Committee with the authority to the instant business by the Defendant Promotion Committee.

2) On February 3, 2017, the Defendants concluded a contract with R Co., Ltd. (hereinafter “R”) for the recruitment of union members to delegate the recruitment of union members.

On March 7, 2017, Plaintiff A and Plaintiff B, 200,000 on March 2, 2017, 1: (i) the 30th 65,00,000,00 on March 2, 2018; (ii) the 30th 65,00,000,00 on March 36, 2017; (iii) the 30th 6.35,00,00,00 on March 6, 2017; and (iv) the 06.35,00,00,000,000,000 on March 6, 2017 to Plaintiff D; and (v) the 30. 6. 7. 8th 20,00,00 on March 6, 2017 to Plaintiff J. 16, 207.

B. Article 12(1) of the Rules of the Defendant Promotion Committee’s Articles 12(1) and 12(1) of the Rules of the Defendant Promotion Committee cannot withdraw from partnership at will.

Provided, That when a cooperative member intends to withdraw from the cooperative due to an unavoidable cause, he/she shall notify the head of the cooperative of his/her intention in writing 15 days prior to the withdrawal, and the head of the cooperative shall determine whether to withdraw from the cooperative

"" is defined in this section.

(c)

Defendant.