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(영문) 의정부지방법원 2020.06.10 2019가합56029
조합원지위부존재확인 등 청구의 소
Text

1. The Defendant’s KRW 28,531,00 for the Plaintiff and 5% per annum from April 10, 2019 to July 16, 2019.

Reasons

1. Basic facts

A. 1) The Defendant shall set up the project site in South Yangyang-si C (hereinafter “instant project site”).

The apartment of the B-Regional Housing Association (hereinafter referred to as the “instant apartment”) is the business of newly constructing and selling the apartment of the B-Regional Housing Association (hereinafter referred to as the “instant apartment”).

(2) To implement the Housing Act, the Defendant selected D Co., Ltd. (hereinafter “D” and omitted the entry “stock company”) as the agent of the instant project. D entered into a service contract with E on the recruitment of union members.

B. Around February 2, 2017, the Plaintiff visited the public relations center of the instant business operated by the Defendant, and the same month.

6. The Defendant and the Defendant entered into an agreement to enter into an association (hereinafter “instant agreement to enter into an association”) with the content that the ownership of one household of an apartment unit to be newly constructed pursuant to the instant project shall be transferred (hereinafter “instant agreement”) after paying the Defendant’s share of expenses for the project.

2) As an implementer, the contract of joining the association of this case was signed and sealed by D as an agent by the Defendant, and “the Plaintiff shall delegate to the Defendant and D matters related to the association affairs, the recruitment and management of association members, the authorization of establishment, and the modification thereof, etc. following the implementation of the project of this case.” However, all activities of D must be subject to prior consent of the Defendant. The safe security certificate (Evidence A 2) and the final sale price (Additional Shares No. 2), and the regional housing association of B guarantee that there is no additional shares of association members and other additional contributions than agency expenses as stated in the contract of joining the association. Refund guarantee (tentatively, at the time of approval of the project plan) guarantee that the regional housing association of B will refund the total amount of contributions paid by the association members at the time of failure of approval of the project plan, (tentatively, the new apartment construction project of B) is normally under way.

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