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(영문) 서울고등법원 2016.12.09 2015나2048984
조합원분담금 반환청구의 소
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. In order to purchase an “I Housing Association Apartment” apartment to be newly constructed on the land of Pyeongtaek-si H (hereinafter “instant association apartment”), the Plaintiffs were referred to as “I Housing Association” because part of the Plaintiffs were before obtaining authorization for establishment at the time of entering into a membership agreement, but thereafter, the Defendant succeeded to the rights and obligations of the I Housing Association under the said agreement by completing the establishment registration after obtaining authorization for establishment on October 18, 2013.

Therefore, it is limited to the defendant in total, among the I Housing Association and the defendant after the authorization of establishment.

The members are members of the Committee.

Plaintiff

B, C, and F are secondary recruitment members, and the plaintiffs A, D, and E are the fourth recruitment members.

B. The Defendant organized a promotion committee on May 31, 201 for the construction of the instant partnership apartment, and held an inaugural general meeting on April 27, 2013.

On October 18, 2013, the defendant completed the registration of incorporation on November 7, 2013 by obtaining authorization for the establishment from the head of Pyeongtaek-si under the Housing Act.

C. On each day specified in the “contract Date” column in the attached Table No. 4, the Plaintiffs respectively entered into an agreement to enter into an association with the content that they would pay cooperative members’ contributions and would purchase one household of the instant association apartment units from the Defendant (hereinafter “instant agreement”).

The main contents of the contract to join the association of this case are as follows. Article 7 of the contract to join the association of this case [members of the association] shall pay the contributions of members as follows:

A member’s share of the total amount of the charges (unit: 229,000,000 203,000 195,000 2,000 209,000 201,000 3 or 214,000 3 or 2006,000 - 8,000 8,000 - 84,000 housing-type 84 m29,000 m229,000 m220,000 - 84 m29,000 m220,000 - total amount of the charges (unit: 84 m29,000 m240,00231,000 - 9,003 or 284,09,9,09,00 -

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