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(영문) 부산고등법원 2019.06.13 2018나55121 (1)
기타(금전)
Text

1. Each appeal filed by the plaintiff A, B, and D is dismissed.

2. Of the instant lawsuit, the Plaintiffs’ association members added by this court.

Reasons

1. Basic facts

A. The defendant's establishment and the plaintiffs' subscription 1) The defendant's housing construction project (hereinafter "the project of this case") under the Housing Act and subordinate statutes in Ulsan-gu, Ulsan-gu.

(2) On October 27, 2015, in order to promote the project, the local housing association is established with the authorization of establishment of the housing association from North Korea in Ulsan Metropolitan City with the authorization of establishment from the head of the Gu. 2) The Plaintiffs respectively concluded a contract (hereinafter “instant contract for joining the association”). Article 2 of the application for joining the association at that time stipulates, “When the amount of the association’s payment is refunded for reasons such as disqualified for membership (loss), withdrawal from the association, cancellation, failure to implement the association, etc., the down payment shall be refunded after the settlement of the expenses and the service fee shall not be refunded. In addition, the time of refund shall be determined in accordance with the rules of the association and the provisions of the trust company.”

3) The Plaintiffs paid 00.00 administrative service charges, down payment and advance payment to the Defendant as follows. The Defendant decided to pay 10,000,000 won or more in advance through a resolution of the board of directors for the approval of the project plan for the advance payment of the administrative service charges on the date of joining the Plaintiff, and the Plaintiff C paid 10,000,000 in advance out of the remainder (3.0,000,005,000,000,005,000 for the aggregate of 16,00,000,000,000,005,00 for the first and second 16,00,000,00 for the second 16,00,000,000 for 17,50,50,0000,000,50,0000,50,000 or more for the first 20,005,006.

B. The main contents of the Defendant’s covenant, which was enforced from October 27, 2015, the Defendant’s association establishment authorization date, are as follows.

Article 2 (Purpose) of the Regulations of the Association shall be E.S. under the Housing Act.

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