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(영문) 대구지방법원 2018.11.08 2017가합208298
분담금반환
Text

1. The Defendants jointly share the amount of the cited by each Plaintiff to the Plaintiffs as stated in the “personal amount” column of the cited amount by each Plaintiff, and the money above.

Reasons

1. Basic facts

A. Pursuant to Article 32 of the former Housing Act (amended by Act No. 13435, Jul. 24, 2015; Act No. 13805, Jan. 19, 2016; hereinafter the same) a regional housing association promotion committee (hereinafter “former promotion committee”) is an organization organized to promote the establishment, etc. of a regional housing association that implements the project of constructing an apartment (hereinafter “instant project site”) on the housing site purchase area of Daegu-gu Hwon-gu, Daegu-gu, and approximately 21,624 square meters of the project area, and approximately 20,175 square meters of the project area (hereinafter “instant project site”).

Meanwhile, Defendant F District Housing Association Promotion Committee (hereinafter “Defendant Promotion Committee”) was established on November 10, 2015 by holding an inaugural general meeting. On December 22, 2015, Defendant F District Housing Association Promotion Committee applied for authorization to establish a regional housing association to the head of Daegu-gu Seoul Metropolitan City on December 22, 2015, but did not submit supplementary documents even after being notified of supplementary matters on August 11, 2016.

Article 1 of the Addenda to the bylaws of the association established at the above general meeting of the defendant promotion committee provides that the acts performed by the former promotion committee concerning the establishment of the association and the implementation of the association prior to the date of authorization for establishment.

In light of the bylaws of the association established by the inaugural general meeting as above and the composition of its executives, etc., the Defendant Promotion Committee only did not obtain authorization for the establishment of a housing association under the Housing Act, and its substance appears to be a regional housing association.

However, notwithstanding the substance of both the plaintiffs and the defendant promotion committee, they still use the name "F District Housing Association Promotion Committee", and thus, the name is followed.

On the other hand, the former promotion committee was extinguished by the establishment of the defendant promotion committee, but it seems that the defendant promotion committee succeeded to all the rights and duties arising from the act of the former promotion committee.

In addition, the above inaugural general meeting shall also perform all the duties of the former promotion committee.

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