조합원지위부존재 및 분담금 반환청구의 소
1. From September 27, 2019, the Plaintiff is found not to be a member of the Defendant’s association.
2. The remainder of the Plaintiff.
1. Facts of recognition;
A. The Defendant was a regional housing association established in order to implement a housing construction project (hereinafter “instant project”) at the Ilwon in Kimhae-si, and obtained authorization to establish an association from the Kimhae-si market on June 8, 2017.
B. On May 7, 2015, the Plaintiff entered into a membership agreement with D Regional Housing Association (tentative name) (hereinafter “Promotion Council”) and entered into between the Plaintiff and the Plaintiff with the content that the Plaintiff would join as a member of the Promotion Council and pay a contribution and acquire the ownership of one household of an apartment unit to be newly built according to the instant project, and thereafter, the Defendant succeeded to the rights and obligations of the Promotion Council.
After the Defendant was established and the prospective contractor changed from E Co., Ltd. to F, on September 28, 2017, the Plaintiff drafted a partnership membership agreement by changing the content of the Defendant and the outlines of business, deliberation, class, number of units, contributions, etc. to E Co., Ltd.
(hereinafter referred to as the “Defendant” without distinguishing the Defendant from the Defendant, and the Plaintiff’s subscription contract entered into with the Defendant, regardless of whether it was before or after the amendment of the contract.
At the time of entering into the instant subscription agreement, the Plaintiff was in the position of the householder on the resident registration basis, but was deprived of the householder’s status on September 27, 2019 when moving into the Sibu G’s member.
From January 2, 2015 to May 18, 2015, the Plaintiff paid KRW 28,780,000 (including KRW 58,780,000,000, including the Brazil loans of February 12, 2018) as partners’ contributions and business promotion expenses.
E. Of the joining agreement of the instant case (based on the evidence No. 2, which reflects the modified contract content) and the Defendant’s agreement (hereinafter “instant association agreement”), the parts related to the instant case are as follows.
In the construction of a partnership apartment in the Dongwon (B regional housing association apartment), Kimhae-si, the Plaintiff et al. (hereinafter referred to as “A”) and the head of the regional housing association (hereinafter referred to as “association apartment”) which is the implementer in the contract of this case.