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(영문) 부산지방법원 2019.10.31 2018가단312103
조합원 분담금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a regional housing association established by residents of Busan Metropolitan City, etc. for the purpose of constructing multi-family housing with the size of 24,92.90 square meters located in the Busan Dong-gu, Busan Metropolitan City as a business site under the Housing Act. On March 18, 2016, the name of the association from the head of the Dong-gu Busan Metropolitan City as “C regional housing association” was approved by the head of the Gu as “C regional housing association.” The Defendant’s name was changed to “B regional housing association” following the “E regional housing association”, “F regional housing association”, “G regional housing

B. On February 10, 2015, the Plaintiff entered into an agreement to enter into an association (hereinafter “instant agreement”) with a 116.4528 square meters (limited to 84.459 square meters) with a tentative district housing association, which was promoting the Defendant’s establishment, by specifying the same as H, the area of apartment housing to be supplied in the future. The Plaintiff entered into a contract to enter into the association (hereinafter “instant agreement”) by specifying the same as H. The amount of the first down payment of KRW 20,000 (including business promotion expenses of KRW 6,00,000), the second down payment of KRW 22,00,000 (including business promotion expenses of KRW 6,00,000), and the second intermediate payment of KRW 20,000,000 among the first intermediate payment of KRW 62,00,000,000,0000,000 between the Defendant and the Defendant on November 7, 2017.

C. The main contents of the instant association subscription agreement are as follows.

Article 7 (Admission Expenses, Contributions and Business Promotion Expenses for Members)

6. Membership fees, contributions, and business promotion expenses paid in a schedule for the payment of business promotion expenses to cooperative members are those for cooperative business, and thus no refund shall be made in any case;

3. Where a member withdraws from his/her office or is expelled from his/her authority pursuant to paragraphs (1) and (2), only the principal of the payment, excluding the down payment (including subscription money) and the business promotion expenses, out of the paid amount, shall be refunded, and the time of refund shall be the refund key when the deposit is completed in substitution for the new member and the general seller, and the procedure of refund shall be the order determined by the housing association.

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