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(영문) 대구지방법원 2017.05.25 2016가합202507
계약금반환등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established to promote a housing construction project (hereinafter “instant project”) in accordance with the Housing Act and its Enforcement Decree by designating the Daegu Suwon-gu G Project District as a project implementation district.

B. The Plaintiffs entered into a membership agreement with the Defendant (hereinafter “instant membership agreement”) and paid each of the contributions (hereinafter “each of the instant contributions”) as indicated below.

Plaintiff

A. 440,000 on May 24, 2015.6. 13, 2015.6. 10,000 36,00 46,00 46,00; 69,00 B 40. 40. 40. 08. 18. 18. 18. 40,000 on April 21, 2015; 40. 40. 5. 20,00 on May 24, 2015; 40. 40. 5. 40,00 on May 18, 2015; 40. 40. 5. 40,00 on May 21, 2015; 19. 4. 5. 7. 40, 2015; 8. 4. 4. 5,010 on May 16, 20107

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) With respect to a person who loses the status of a partner due to withdrawal, loss of a partner qualification, expulsion, etc., only the principal paid excluding the agency service provider service charges shall be refunded, and the time of refund shall have been deposited in substitution for a new partner and a general seller.

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