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(영문) 광주지방법원 2021.01.14 2020나229
자금집행요청 의사표시
Text

The plaintiff's appeal against the defendants is dismissed.

Expenses for appeal shall be borne by the plaintiff.

the purport and purpose of the claim;

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the judgment, is as follows: (a) “Defendant B Regional Housing Association” was “Defendant B” as “Defendant B Regional Housing Association Promotion Committee”; and (b) “4.” as “5.”; and (c) the reasoning of the judgment of the court of first instance, except for the additional judgment under paragraph (2) below, is the same as that of the judgment of the court of first instance; and (d) it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Plaintiff asserted that the Plaintiff had the right to return the instant association membership deposit of KRW 36 million, excluding KRW 4 million, which was returned to Defendant B’s District Housing Association Promotion Committee according to the relevant case’s judgment. Therefore, the Defendants are obligated to express their intent to request the Plaintiff to execute funds according to the instant funding management contract for the purpose of performing the said obligation.

B. We examine the judgment. The plaintiff deposited KRW 40 million in the union member's charge account under the name of D Co., Ltd. which entered into the instant fund management contract with the defendants, and the plaintiff received the return of KRW 4 million from the Defendant B regional housing association promotion committee member's return from the plaintiff. There is no dispute between the parties.

Examining Article 13(6) and (7) of the instant Fund Management Contract, which states that D Co., Ltd. can execute funds in the accounts for cooperative members, the execution of funds deposited in the accounts for cooperative members is executed after the authorization for establishment of the association is completed. However, in order to execute cooperative contributions before authorization for establishment of the association, at least 50% of the total number of households of the instant project is recruited, and where a letter of consent for cooperative members and more than 80% of the total number of households of the instant project is urged, the Defendants are required to request D Co., Ltd. to pay funds in writing, along with the grounds for requesting the amount of expenditure only for essential project expenses, such as land expenses, design expenses, proxy fees, etc., so the Defendants are required to meet the above requirements.

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