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(영문) 창원지방법원 2019.08.08 2019가단102393
납부금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The parties’ relationship 1) The Defendant is the regional housing association that obtained approval for the housing construction project plan with respect to approximately 82,00 square meters of approximately KRW 82,00 square meters from the Kimhae-si market around March 2018, and the Plaintiff A is the children of Plaintiff B.

The Plaintiffs are the members of the Defendant Union.

B. On November 7, 2015, Plaintiff B entered into an agreement to enter into an association (hereinafter “instant agreement”) with the Defendant Association Promotion Committee, which was formed to promote a regional housing construction project implemented in the Kimhae-si D. (hereinafter “instant agreement”).

A) The main contents of the instant contract are as follows. The applied housing type is 84.990 square meters (former 33 square meters, E), Article 5 (Acting Agency, Scope of Duties, etc.)

1. In promoting this project, the organization of the housing association, administration, taxation and accounting affairs, project plans and authorization and permissions, management of the association members, support for various service plans, support for securing project sites, etc. The association agency service contract shall be separately concluded by the committee of promoters of the defendant association, and the association shall succeed after authorization for the establishment of the association.

2. The agency expenses of a cooperative means the expenses for services for the establishment of a partnership, approval of a business plan, and the performance of duties from the formation of the defendant's committee for promoters to the commencement of works, and shall be paid as the payment account of the cooperative operating expenses in addition to the down payment of the cooperative operating expenses under Article 7 at the time of concluding a contract for joining the cooperative; the service expenses shall be executed and managed in accordance with the service contract entered into by the defendant's committee for promoters; and the separate accounting settlement procedures

3. The business promotion expenses of a cooperative shall be 14,000,000 won per the total number of households constructed.

(Separate Table of Value-Added Tax) Article 7 (Relation to Cooperative Contributions and Business Promotion Expenses)

1. Members’ contributions (hereinafter referred to as “contributions”) shall be related to the purchase of land.

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