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(영문) 대구지방법원 2017.06.15 2016가합204251
분담금 반환
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Basic Facts

The defendant is a regional housing association established in order to promote a housing construction project (hereinafter referred to as the "project in this case") with the Daegu Suwon-gu F as a project implementation district and according to the Housing Act and its Enforcement Decree. On April 13, 2015, the defendant applied for the authorization to establish a housing association to the head of the Daegu-gu Metropolitan City Si head of the Gu on June 9, 2015, and obtained the authorization to establish the housing association (number of members: 985 persons) from the head of Suwon-gu head of the Gu

In order to purchase an apartment building to be newly constructed in the future according to the instant project, the Plaintiffs entered into a membership agreement with the Defendant (hereinafter “instant membership agreement”) as follows, and paid each member’s contribution (hereinafter “share”) in accordance with the said agreement.

Plaintiff

On February 12, 2015, A, who is not a contribution on the date of the contract, KRW 15.4 million in total, but the Defendant voluntarily requested withdrawal from the association with the grounds for business delay, etc. of this case to each of the Defendant around December 29, 2015, without obtaining authorization from the head of the Sungsung-si Office for the contract with the Plaintiff (union) from the Plaintiff.

On January 20, 2016, the defendant sent a notice to the plaintiff C on January 14, 2016 that "the withdrawal from the council was approved as a result of the deliberation by the fifth council meeting on January 14, 2016, and thus, the amount remaining after subtracting the business promotion expenses of KRW 10 million pursuant to Article 7 (3) of the subscription agreement of this case shall be refunded pursuant to Article 7 (4)." On February 3, 2016, the defendant also sent a notice to the plaintiff D pursuant to Article 7 (4) of the subscription agreement of this case that "the withdrawal is approved, and the contribution shall be paid, but it shall not be subject to separate penalty because it is an unregistered member without the authorization of the competent administrative agency."

At that time, the above plaintiffs received each of the above notifications.

The defendant's articles of association (hereinafter referred to as "the defendant's articles of association") in relation to this case.

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