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(영문) 대구지방법원 2021.01.29 2019가단142395
분담금 반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a regional housing association that obtained authorization for the establishment of the housing association on February 23, 2016, under a project plan for constructing six apartment units in the Daegu Suwon-gu Seoul Metropolitan Government 17,357 square meters (hereinafter “instant project site”) (hereinafter “instant project”).

B. (tentatively, the promotion committee of the regional housing association B (hereinafter “promotion committee”) was launched on March 27, 2015 for the establishment of the Defendant association.

Since then, on April 1, 2015, a promotion committee entered into a contract for vicarious performance of business affairs with D Co., Ltd. (hereinafter “D”) and started business site purchase from May 2015, and entered into a contract for vicarious performance of recruitment and advertisement of members with E Co., Ltd. on June 8, 2015, and entered into a contract for vicarious performance of recruitment and advertisement of members on June 19, 2015.

(c)

On September 4, 2015, the Plaintiff entered into a membership agreement with the promotion committee. From August 29, 2015 to October 5, 2015, the Plaintiff paid KRW 50 million as down payment ( = KRW 1 million as of August 29, 2015, KRW 19 million as of September 4, 2015).

(d)

On November 20, 2015, the promotion committee: (a) held an inaugural general meeting of the Defendant Union to establish the rules of the association; (b) appointed the president of the association as F; G/H; and (c) appointed I as an auditor; (d) finalized the instant project plan and select construction works; and (e) obtained authorization for the establishment of the Defendant Union from the head of the Sung-gu Office on February 23, 2016.

E. On February 18, 2017, the Defendant decided to appoint Plaintiff J as the president of the association, Plaintiff K, L, and M as directors, and N as auditors, by holding an extraordinary general meeting, and obtained authorization to change the establishment of the association on March 28, 2017.

Since then, the defendant union decided to receive the minimum project cost for continuing the business from its members, and accordingly, the executives of the defendant union recommended the members to pay the minimum project cost.

The defendant holds an extraordinary general meeting on December 9, 2017, following the resolution of the board of directors on November 27, 2017, and 95% of the site area.

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