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(영문) 서울중앙지방법원 2016.06.10 2015가단63488
분담금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff acquired the right to sell in lots from a non-party cooperative with the knowledge that B or D was a member of the non-party cooperative in the process of purchasing the right to sell in lots under the name of B (hereinafter “non-party cooperative”). Accordingly, on April 26, 2010, transferred KRW 108,300,000 to the Defendant as a contribution.

B. Since the Plaintiff acquired the right to sell land in B, etc. without qualification, the Plaintiff remitted KRW 108,300,000 to the Defendant as a contribution, even though it did not have the obligation to pay the contribution under the rules of the association and the sales contract. Since the Defendant received the above money without any legal ground, it is obligated to return it to the

2. In full view of the overall purport of the statements and arguments in the evidence Nos. 3, and Nos. 2 through 4, the Plaintiff reported to obtain a sale right from B and registered as a member of the non-party union. On December 26, 2013, the non-party union notified the Plaintiff of the payment of contributions by January 6, 2014 in accordance with the resolution of the general meeting to process the expulsion, and notified the Plaintiff of the intention to process the expulsion if the payment is not made.

According to the above facts of recognition, the plaintiff can be recognized as a member of the non-party union. Thus, the plaintiff's claim based on the premise that the non-party union is not liable to pay the contributions to the non-party

(3) The plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition by the assent of all participating Justices on the bench. The plaintiff's claim of this case is dismissed.

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