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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On March 2012, the Kimhae-gu Housing Association and the Defendant entered into an agency contract for the management of the funds (hereinafter “instant housing association”) and the United Nations Esspary Housing Association, Inc., the agency company of the instant housing association, entered into a contract for the management of funds on behalf of the Defendant for the apartment project of the Kimhae-gu Housing Association (hereinafter “instant apartment project”) with regard to the 36,334 square meters of 428 square meters in Kimhae-si, Kimhae-si, Kimhae-si, Kim Jong-si, the 36,334 square meters in the area of the instant apartment project (hereinafter “instant apartment project”), and the main contents are as follows.
Article 9 (Standards for Execution and Method of Payment of Charges) (3) Funds in the fund management account shall be used for the following items:
1. Land sale proceeds, taxes, public charges and various kinds of charges, repayment of the principal and interest of loans (including interest on delay, and all kinds of fees), substitute fees, refund of contributions, and agency service charges related to the project;
2. Expenses for the registration and the settlement of litigation or limited rights;
3. Various outsourcing service charges, such as district unit planning, construction design, supervision fees, and essential business feasibility expenses related to authorization and permission and completion;
4. All expenses incurred in parcelling-out (fee-out agency, M/H expenses, installation works, rent, advertising promotion expenses, etc.) and essential project expenses;
5. General management expenses, such as expenses for partnership operation;
6. Construction expenses, annual interest and construction expenses for “contractor”;
(4) Notwithstanding the provisions of paragraph (3) of this Article, if any contribution is to be refunded, the following shall apply:
1. Where a member loses his/her membership or withdraws from a cooperative in accordance with the membership agreement, only the remainder after deducting 10% of the amount of the contributions already paid (total amount) as penalty shall be refunded directly by the defendant to the member concerned, and the time of refund shall be when the deposit has been completed due to the replacement of the member (or a general seller).
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