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(영문) 창원지방법원통영지원 2020.10.29 2019가합11520
조합원지위부존재확인 등
Text

1. Of the principal lawsuit of this case, the part of the Plaintiff (Counterclaim Defendant)’s claim against the Plaintiff-Counterclaim Plaintiff-Counterclaim District Housing Association.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

The defendant association, which entered into a contract for joining an association, is a housing association established to build an apartment of a regional housing association at D Do government unit and sell it to its members. The defendant association applied for authorization to establish an association on February 14, 2015 and obtained authorization from the macro-market on April 28, 2015, and the defendant C is a company with the purpose of building construction business.

On January 27, 2015, the Plaintiff entered into a contract to enter into an association (hereinafter “instant contract to enter into an association”) with the content that the supply of one apartment unit (E) to be newly constructed between the Defendant Union and the regional housing association would be 22,100,000 won (excluding balcony expansion amount). Of the charges, the Plaintiff determined that KRW 10,000,000, out of the charges, contract deposit (1 tea), KRW 15,000,000 was paid at the time of entering into an association within 30 days after the contract, and the intermediate payment (22,210,000 won) was paid at the time of the approval of the instant project plan, and that the Plaintiff paid KRW 10,00,000 as the consulting service cost (hereinafter “instant service cost”).

From January 27, 2015 to August 6, 2015, the Plaintiff paid the Defendant Union totaling KRW 38,000,000.

Article 7 of the Agreement on Admission to Partnership (Liability and Management thereof)

2. Eul (hereinafter referred to as the "Plaintiff in this contract") shall pay contributions, without fail, in accordance with the schedule for the payment of contributions, for the smooth promotion of the project.

5. The rights of members may be exercised only when the full amount of the first and second money, and the service charges of this case is paid in full, from among the union members' charges referred to in subparagraph 5 of Article 6 of the schedule of charges to union members (hereinafter referred to as the "statements in writing" in Article 7).

1. B shall pay the late payment charge of 18% per annum on the number of elapsed days when the payment of the down payment, intermediate payment and remainder is delayed after the lapse of the agreed payment date;

Article 9 (Qualification for Membership and Sale by General Public)

1. This paper.

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