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(영문) 창원지방법원 2021.01.21 2020가합50464

조합원지위확인 등의 소

Text

1. From October 8, 2019 to Plaintiff A, Plaintiff B from October 7, 2019 to Plaintiff B, Plaintiff C from October 8, 2019 to Plaintiff C, and Plaintiff D from October 7, 2019 to Plaintiff D.

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 entered into a membership agreement with each of their respective (tentative name) regional housing associations (hereinafter “promotions”) under which the Plaintiffs paid the Plaintiff’s contribution to the cost of the project as a member of the promotional committee and receive the ownership of one unit of an apartment house to be newly constructed in accordance with the instant project (hereinafter “instant apartment”) (hereinafter “instant apartment”), and thereafter, the Defendant succeeded to the rights and obligations of the promotional committee.

(c)

The Plaintiffs paid the down payment, allotted money, and administrative station expenses, etc. to the Defendant pursuant to the instant subscription agreement, and the payment details are as listed below.

On the other hand, Plaintiff A, B, C, and E received from Brazil loans and paid them as contributions. From July 2018 to October 2019, Plaintiff A paid 3,060,816 won to Plaintiff B, Plaintiff B from July 2018 to September 2019, and Plaintiff C paid to financial institutions interest of 1,70,127 won to Plaintiff C from July 7, 2018 to June 2019.

Plaintiff

Details of the daily payment of A. 93,120,00 won on June 19, 2015: June 15, 2015; KRW 21,910,000 on June 15, 2015; KRW 21,910,00 on an intermediate payment of KRW 21,910 on July 10, 2015; KRW 35,000 on an intermediate payment of KRW 10,00 on June 29, 2016; KRW 10,000 on June 10, 205; KRW 30,000 on an intermediate payment of KRW 10,00 on May 8, 2015; KRW 10,000 on KRW 10,00 on an intermediate payment of KRW 10,00 on April 27, 2015; and KRW 35,000 on an intermediate payment of KRW 10,005 (part).