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(영문) 서울동부지방법원 2019.02.21 2016가단112571
조합원 분담금 등 반환 청구의 소
Text

1.(a)

Plaintiff

B Defendant (tentatively named) District Housing Association of 5,000,000 won and its related thereto shall be from February 24, 2015 to May 2016.

Reasons

1. Facts of recognition;

A. The Defendant (tentative name) D Regional Housing Association (hereinafter “Defendant Association”) is an executor of the apartment of the D Regional Housing Association (hereinafter “instant apartment”) that will be located in G members of the Namyang-si, Nam-si, the Namyang-si, and the Defendant E and the Defendant F Co., Ltd. are the agent of the instant apartment. The Plaintiffs are the members of the association who concluded a membership agreement with the Defendants to be supplied with one household of the instant apartment (hereinafter “instant member membership agreement”).

B. On February 22, 2015, Plaintiff B entered into each of the instant apartment units H, Plaintiff A, May 17, 2015, and Plaintiff C, on August 31, 2015, respectively, to be supplied with the instant apartment units J, respectively.

The Defendants, who found the instant apartment in the Guri-si Model House located in K at the Guri-si, was the apartment to be built by L Company, and the scheduled occupancy was announced on November 201, 2017, and Plaintiff B entered into each of the instant agreements with the Defendant and the instant association members with the guidance of the employees E, a partnership agent, and the Plaintiff A and the Plaintiff C entered into each of the instant agreements with the instant association according to the guidance of the F, a new partnership agent.

C. On February 22, 2015, the date when the Defendants entered into the instant membership agreement with the Defendants, and demanded the Defendants as a partner contributions and agency service expenses, Plaintiff B paid a total of KRW 10 million on three occasions to the OB bank account of the NB company that requested deposit. On February 23, 2015, the Plaintiff paid KRW 5 million to the QB bank account of the PB company that requested deposit by the Defendants. On May 17, 2015, the date when the contract was concluded, Plaintiff A paid KRW 100,000 to the SB bank account of the RB bank that was requested by the Defendants. Plaintiff C paid KRW 14 million to the QB bank account of the PB company that was requested by the Defendants to deposit on May 28, 2015, and Plaintiff C paid KRW 14 million on August 29, 2015, the date of subscription.

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