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(영문) 부산지방법원 2020.11.11 2019가합41795
분담금 반환
Text

The defendant stated on the "total amount to be paid" in the attached Form to the plaintiffs, and on each of the above amounts, on September 2019.

Reasons

1. Basic facts

A. The Defendant is an organization formed to promote a new apartment construction project with Busan Geum-gu Mwon as a project site. The Plaintiffs entered into an agreement with the Defendant to join the association (hereinafter referred to as the “instant subscription agreement”) and the said agreement with the Defendant.

B. The Plaintiffs concluded the instant subscription agreement with the Defendant on the date and time stated in the “the date of conclusion of the contract” of the attached subscription details. The Plaintiffs paid contributions, administrative service expenses, etc. to the account designated by the Defendant as stated in the “payment details” column of the attached subscription details, and paid each money indicated in the “total amount of payment” column of the attached subscription details to the Defendant.

다. 피고는 원고들과 이 사건 가입계약을 체결하면서 원고들에게 아래와 같은 내용의 안심보장제안심보장제 보증서 목적물 : 부산 금정구 M 일원(가칭)L지역주택조합 아파트 ▣ 보장내용

1. Objectives of applying for authorization to establish an association within 2017: Provided, That when an application is not filed for authorization to establish an association within March 2018;

2.In the case of the following items, the L-based Housing Association (tentatively named) Regional Housing Association shall ensure that it shall refund the full amount of the paid cooperative contributions and the agency expenses to a member contractor, only in the case of the above items, for the first-class contractor of the process of selecting the contractor.

Provided, That termination due to the personal reasons and qualification requirements of a member contractor shall not be applicable.

This letter of guarantee shall take precedence over (tentatively referred) the subscription agreement of the L-Regional Housing Association.

In the case of paragraph (1), it is scheduled to be refunded after June 2018 in accordance with the process of project implementation in the event of refund.

The final selection of the Si public corporation is based on the resolution of the members through the extraordinary general meeting.

(tentative) The Chairperson of the Promotion Committee of L Area Housing Association: Each N Guarantee (hereinafter referred to as “instant Guarantee”) was issued.

Article 23 (Matters to be Resolved by General Meeting and Consent to Execution of Promotion Committee) (1)

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