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(영문) 대구지방법원서부지원 2017.08.08 2016가단15185
계약금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 4, and Eul evidence 1 to 5 and the whole purport of pleadings:

The defendant is a regional housing association established to promote a housing construction project in accordance with the Housing Act and the Enforcement Decree thereof by making the Daegu Suwon-gu C Il-gu Seoul Project District as a project implementation district.

B. On April 24, 2015, the Plaintiff entered into a membership agreement with the Defendant (hereinafter “instant membership agreement”) and paid KRW 161,00,000,000 in total, as a contribution, on April 23, 2015, including KRW 46,00,000 on May 8, 2015, and KRW 69,00,000 on June 25, 2015.

C. The main contents of the instant covenant are as follows.

Article 7 (Definition of Terms)

4. Contributions: The whole amount that a cooperative member pays to the cooperative for the promotion of its projects, such as operating expenses, land purchase expenses, construction expenses, etc. shall not be allowed to withdraw from the cooperative at will;

Provided, That when a member intends to withdraw from an association due to unavoidable reasons, he/she shall notify the head of the association in writing 15 days prior to the withdrawal, and the head of the association shall determine whether to withdraw from the association by resolution of the general meeting or the

(4) In the case of a person who loses the status of a union member due to withdrawal, loss of a union member qualification, expulsion, etc., only the principal paid excluding agency service fees shall be refunded from the payment made by the union member, and the time of refund shall be the refund key at the time when the deposit is completed in substitution for a new union member or a general purchaser, but the joint contributions to be deducted and the time of refund may be separately determined by a resolution of the general meeting.

The main contents of the instant subscription contract are as follows.

조합원 가입계약서 ◆ 목적물의 표시 : 대구광역시 수성구 C 일원 제1조 (정의 및 목적)

1.The Project will be aimed at stabilizing and improving the residential life which is the cause of the members' accommodation.

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