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(영문) 의정부지방법원 2016.08.19 2015가단104305
정산금 지급 청구
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The K/L housing association is a housing association established for the purpose of constructing a multi-family housing unit on the Ma and N ground in Seoul Special Metropolitan City Gwangjin-gu, and supplying it to its members, thereby stabilizing the residential life of its members. P is the head of the K Regional Housing Association, and the defendant is the head of the L Housing Association.

B. When the K/L Housing Association resolved to dissolve the K/L Housing Association on August 24, 2012, it paid KRW 7,100,000 to the Plaintiff as its partners, KRW 8,30,00 to Q, KRW 7,100,00 to the Appointor E, KRW 7,100,00 to the Selection, KRW 7,100,000 to the Selection, KRW 7,100,00 to the Selection, KRW 7,100,00 to the Selection, KRW 7,100,00 to the Selection, and KRW 2,63,808 to R, and KRW 7,100,00 to the Appointor as the settlement amount (hereinafter “instant settlement amount”).

C. The selector C succeeded to the status of Q’s member, and the selector I succeeded to the status of R’s member.

The designated parties D, E, F, G, and H are the members of each K Housing Association, and the plaintiffs, the designated parties C, I, and the J are the members of each L Housing Association.

【Ground of recognition】 The fact that there is no dispute, entry of Gap 1, 4, and 5 (if there are virtual numbers, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Defendant was delegated by the K/L Housing Association with the duty of care for the Plaintiff and the designated parties, or that the Defendant bears the duty of care to the K/L Housing Association, and thus, the Defendant shall pay the instant settlement money to the Plaintiff and the designated parties.

3. Determination

(a) a housing association established by a non-family housing association to establish a collective housing of its members as a member of the association, with its own objective of an organization called a collective housing construction project, which is organized as a covenant and an organization, representative who is the executive organ, is in accordance with the principle of majority of the Assembly, and the resolution or execution method is carried out in accordance with the principle of majority of the Assembly and regardless of any change

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