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(영문) 대구지방법원 2018.11.08 2017가합207462
분담금반환
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant: (a) KRW 60,000,000 for the Plaintiff and its related expenses on April 26, 2017.

Reasons

1. Basic facts

A. Pursuant to Article 32 of the former Housing Act (amended by Act No. 13435, Jul. 24, 2015; Act No. 13805, Jan. 19, 2016; hereinafter the same shall apply), a promotion committee for B Housing Association (hereinafter referred to as “former promotion committee”) is an organization organized to promote the establishment, etc. of a regional housing association that newly constructs an apartment (hereinafter referred to as “instant project site”) in the area where the purchase area of a single site in Daegu Jung-gu is 21,624 square meters, and approximately 20,175 square meters of business size is 20,000 square meters (hereinafter referred to as “instant project site”).

On the other hand, the Defendant was established by holding an inaugural general meeting on November 10, 2015. On December 22, 2015, the Defendant applied for authorization to establish a regional housing association to the head of the Daegu Metropolitan City Jung-gu. However, even after receiving notification of complementary matters on August 11, 2016, the Defendant did not submit supplementary documents.

Article 1 of the Addenda to the union rules established by the defendant's general meeting of the above general meeting of the company provides that the acts performed by the former promotion committee concerning the establishment of the association and the implementation thereof shall be deemed succeeded

In addition, the general meeting of the above general meeting also made a resolution of ratification on all the duties performed by the former promotion committee.

In light of the union rules established by the inaugural general meeting as an organization established by the above, or the composition of its executives, etc., the defendant does not obtain authorization for the establishment of a housing association under the Housing Act, and its substance appears to be a regional housing association.

However, both the Plaintiff and the Defendant still use the name “B Housing Association Promotion Committee” despite their substance.

On the other hand, while the previous promotion committee became extinct upon the establishment of the defendant, the defendant succeeded to all the rights and duties arising from the acts of the previous promotion committee.

B. The former promotion committee: (a) around June 25, 2015 between D and D (hereinafter “D”) constitutes a general member of the housing association; (b) the organization and recruitment of the general member of the housing association; and (c) its members.

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