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(영문) 창원지방법원 2020.10.15 2019가합55685
조합원지위확인 등의 소
Text

Plaintiff

A, B, and C respectively from September 24, 2019; Plaintiff D from September 27, 2019; Plaintiff E from September 30, 2019; and Plaintiff E from September 30, 2019.

Reasons

1. Basic facts

A. The Defendant was a regional housing association established in order to carry out the apartment construction project with a total of 3,764 households (hereinafter “instant project”) on the land outside G in Kimhae-si and 283, and obtained authorization for the establishment of the Housing Act on April 12, 2016 from the Kimhae-si market.

B. The Plaintiffs entered into a membership agreement with each of the Defendant and each of the Defendant, which stipulates that the Plaintiffs shall join as the members of the Defendant and acquire ownership of one of the apartment units to be newly constructed pursuant to the instant project (hereinafter “instant apartment unit”) from the Defendant (hereinafter collectively referred to as the “instant subscription agreement”) and that the Plaintiffs shall acquire ownership.

C. The Plaintiffs paid the down payment, contributions, administrative service charges, etc. to the Defendant pursuant to the instant subscription agreement, and the payment details are as listed below.

On the other hand, the Plaintiffs received the Brazil loan and paid it as a contribution. From July 2018 to September 2019, Plaintiff A paid 3,067,861 won to Plaintiff A, Plaintiff B’s 3,067,524 won, Plaintiff C, and E paid the interest on the numerical loan of KRW 3,067,528 to financial institutions.

Plaintiff

Details of payment on May 8, 2015 A. 106,100,100,000 won on April 27, 2015; KRW 18,40,000 on May 7, 2015; KRW 14,300,00 on administrative service charges of KRW 14,00 on May 7, 2015; KRW 28,400,00 on July 11, 2015; KRW 35,000 on June 14, 205; KRW 10.05,00 on 0.0,00 on 05,00 on 05,05,00 on 10.6.0,00 on 14.0,00 on 05,00 on 14.0,00 on 205,00 on 106,00 on 23,100,005;

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