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(영문) 대구지방법원포항지원 2020.08.20 2020가합10379
분담금 반환 청구의 소
Text

1. The plaintiffs' primary claims are dismissed.

2. The plaintiffs are not members of the defendant's association.

Reasons

Basic Facts

The defendant is a regional housing association established to supply housing to its members through a new apartment building project in Nam-gu E-ri, Nam-gu (hereinafter referred to as the "instant project"), and obtained authorization for the establishment around December 8, 2016.

Before the Defendant obtained authorization for establishment, the Defendant Promotion Committee was engaged in the establishment of partnership including partnership membership agreements.

[1] The purpose of Article 19(10) of the Agreement on the Establishment of an Association (hereinafter referred to as “A”) and the overall purport of oral arguments, as seen below, the Defendant succeeded to the status of the Defendant’s Promotion Committee, and thus, collectively, the Promotion Committee and the Defendant collectively collectively referred to as “Defendant” is to recognize the representation of the Housing Association (Defendant) in order to smoothly promote the project “D-area apartment construction project” (hereinafter referred to as “D-area apartment construction project”), to delegate the authority of “B” and the duties pertaining to the promotion of the project to “A”, to which “B” are delegated, and to which “A” is performed in good faith so that “B” can smoothly move into an apartment, and “A” can be supplied to “B” by means of the area of approval for use (such as increase or decrease in the amount of permission, permission, or amendment to the statutes) for the household that has fully paid its members and agency expenses according to the construction contract and business schedule.

(1) (2) For the smooth implementation of the project, the term “B” recognizes the representation of the housing association of “B”, and delegates the authority of “B” and matters concerning the affairs of the housing association related to the purchase of land, the affairs related to the purchase of land, and the decision of the project plan (including the modification of the project plan, such as design modification, etc.) to “A”, etc.

(3) The term "B" shall bear the association members' contributions determined according to the number and area of each subparagraph.

(Article 8. The above members' charges are land prices, construction costs, design, district unit, supervision costs, civil petition processing costs, and business promotion expenses.

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