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(영문) 수원지방법원 안양지원 2018.08.24 2017가합100111
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) During the period prior to the establishment of the Defendant, “B regional housing association (the name of the Defendant was the same; hereinafter “existing association”) established for the purpose of newly building a house in Gwangju City, a prior establishment of the Defendant, entered into a joint venture agreement with the Plaintiff, a service company, and D Co., Ltd. (a corporation established for the purpose of housing construction-related service business, and its trade name is deemed to have been changed to the last one; hereinafter “E”) on July 19, 2003, which was the existing association established for the purpose of constructing a new house in Gwangju City, the purpose of which was to build a new house in Gwangju City, with the approval of the establishment of a single housing association on September 8, 2003.

(2) After that, the existing association has promoted the change from the initial single-family housing association to the multi-family housing association, and on December 24, 2007, it received the authorization of change from the multi-family housing association.

B. The dissolution of the existing association, the establishment of the defendant, and the existing association succeeding to the rights and obligations of the existing association by the defendant was decided to be dissolved by holding a general meeting of dissolution on April 27, 2008. The defendant held an inaugural general meeting on the same day and decided to be dissolved by 237 of all union members. The defendant newly established and elected the rules of the association in the presence of 120 members of the existing association which is decided to become a defendant's partner, among 189 union members, while 120 union members of the existing association who are decided to become a defendant's partner, and succeeded to all kinds of duties, rights and obligations promoted by the existing association until the time.

(i)the basis on the average floor of the amount of refund contributions and the amount of compensation for withdrawals, etc. to be paid to an existing association on behalf of the association;

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