logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원마산지원 2017.10.12 2017가단1359
조합원분담금반환
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 Defendant is a regional housing association under the Housing Act, which was established to promote apartment construction projects at the Changwon-si, Changwon-si, Yongsan-si, and obtained authorization for establishment from the Changwon-si on November 16, 2015.

B. On April 2015, Plaintiff A entered into a membership agreement with the Defendant’s Promotion Committee to purchase 102 Dong301 among apartment buildings to be constructed by the Defendant, and paid KRW 22 million to the Defendant as part of the down payment among the members’ contributions.

(20,000,000 won out of 20,000 won, and 12,000,000 won, are business promotion expenses).

However, after the Defendant Promotion Committee submitted an application for authorization to establish the Housing Association to the Changwon City Mayor around September 2015, it confirmed that Plaintiff A was not eligible as a member of the Regional Housing Association under the relevant statutes as the two housing owners of one household. Accordingly, on November 17, 2015, Plaintiff A and the Defendant agreed to substitute Plaintiff B as part of the down payment that Plaintiff B shall pay to the Defendant after Plaintiff B joined the Defendant’s membership.

Plaintiff

B On November 17, 2015, between the Defendant and the Plaintiff, entered into a membership agreement with the Defendant to purchase 102 Dong 301 among apartment units to be constructed by the Defendant, and on November 30, 2015, the Defendant paid the down payment of KRW 18 million to the Defendant additionally.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, 3, 6, 7 (including each number, if any)

2. The assertion and judgment

A. The plaintiffs asserted that they concluded their membership agreements with the defendant on the grounds as stated in the above basic facts, and they paid KRW 22 million to the defendant, and KRW 18 million to the defendant.

However, the plaintiff B is not included in the list of members submitted by the defendant to the Changwon City Mayor, and the defendant is still the president of the association even after two years have passed since the establishment of the association.

arrow