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(영문) 부산지방법원 2019.09.19 2018가단325307

조합원 분담금 반환청구

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The defendant (former title: C Regional Housing Association) is a regional housing association that implements a new construction project of multi-family housing in the Busan East-gu D branch, Busan, and the plaintiff is a person who entered into an agreement with the defendant to join the association as follows:

B. On July 18, 2016, the Plaintiff entered into an agreement between the Plaintiff and the Defendant to join an association (hereinafter “instant agreement”) with the Defendant as to multi-family housing E, in which the Defendant is implementing a new project, and the main contents thereof are as follows.

§ 7. Membership fees, contributions and indirect official business expenses

6. Membership fees, contributions, and business promotion expenses paid in a schedule for the payment of business promotion expenses to cooperative members are the cooperative business agency fees, so no refund shall be made in any case;

3. Where a member withdraws from his/her office or is expelled from his/her authority pursuant to paragraphs (1) and (2), only the principal of the payment, excluding the down payment (including subscription money) and business promotion expenses, out of the paid amount, shall be refunded, and the time of refund shall be the refund key when the deposit is completed in substitution for the new member and the general seller, and other procedures for refund shall follow the order determined by the housing association;

4. A housing association may recruit or recruit alternative members in order to ensure the smooth progress of the project with respect to the withdrawing or expelled members' households and remaining households; and

5. In principle, this contract shall not be unilaterally terminated except for the reasons referred to in the preceding paragraph.

C. The Plaintiff paid the Defendant a total of KRW 85 million, including KRW 12 million, down payment, KRW 30 million, and intermediate payment KRW 43 million, in accordance with the agreement to join the instant association.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The plaintiff's assertion

A. The primary claim: this case due to changes in circumstances.