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(영문) 창원지방법원 2021.01.14 2019나65402
조합원분담금반환 등
Text

The part of the judgment of the first instance against the defendant shall be revoked.

The plaintiff's claim corresponding to the above cancellation is dismissed.

Reasons

1. Facts of recognition;

A. C Regional Housing Association (hereinafter “Association”) is a regional housing association that obtained authorization for the establishment of an association from the private market on January 4, 2017 for the purpose of conducting the business of constructing and supplying apartment units to homeless persons, etc. (hereinafter “instant business”).

B. On July 8, 2016, a promotion committee entered into a service contract on behalf of the Defendant (a trade name was changed from “F” to “K” on September 23, 2016, and changed to “B” on February 26, 2018, and was changed to “J” on September 16, 2019) and the service amount on the instant project as KRW 16,000,000 per household (1,147 households, and if there is an increase or decrease in household units, the number of household units approved the last project).

(c)

In order to be supplied with an apartment house 59A which the Plaintiff planned to be constructed as the instant project, the Plaintiff entered into a contract for the second member of the association of the C-Housing Association (hereinafter “instant agreement for the membership of the association”) with the following terms and conditions (hereinafter “A” and the Plaintiff entered into an agreement for the membership of the association. Article 1 of the agreement for the membership of the association / [business outline] / [number of business outline] 1,306 households: The project outlines can be changed in the project site area, number of households, square, and the number of houses in the process of project promotion or in the process of authorization and permission, and final confirmation at the time of approval of the project plan. Article 2 [Delegation of authority for the project] “B” recognizes the representative of the housing association of “A” and delegate the following matters to “B” in accordance with the authority and project promotion:

3. Selection of related enterprises and conclusion of contracts (including history for consulting on support of affairs of a cooperative, history for fund management trust, building design office, district unit planning, designated service companies designated as zones, certified judicial scrivener, attorney-at-law, accounting firm, etc.) as a result of the performance of affairs and all affairs related thereto.

1. To facilitate the construction of apartments;

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