2015A. 518930 Members' contributions

1. A;

2.B

3.C

4.D

5.E

6.F

7.G

H Regional Housing Association

June 2, 2015

June 18, 2015

1. The defendant,

A. Plaintiffs A, B, D, E, and G respectively, KRW 163,039,420 for each of them, and KRW 127,571,00 for each of them and each of them

5% per annum from September 10, 2013 to March 26, 2015, and full payment from the next day to after such date.

By the day, 20% interest per annum;

B. The amount calculated by adding 57,297,00 won to Plaintiff F and 5% per annum from March 9, 2013 to March 26, 2015, and 20% per annum from the next day to the day of full payment.

sub-payment.

2. The costs of the lawsuit are assessed against the defendant.

3. Paragraph 1 can be provisionally executed.

The same shall apply to the order.

1. Indication of claim;

The reasons for the attached Form shall be as shown in the attached Form.

2. Grounds for recognition;

Articles 208(3)2 and 150(3) of the Civil Procedure Act.

Judges Presiding Judge;

Judges Jin Jae-Gyeong

Judges Nong-ju

Grounds for Claim

1. Status of each party;

Defendant H Regional Housing Association (hereinafter referred to as “Defendant Association”) is an executor who has recruited its members from May 27, 2010 and constructed “multi-unit (hereinafter referred to as “the apartment of this case”) in Dongjak-gu Seoul Metropolitan Government H. The Plaintiffs are the members of the Defendant Association and the “member subscription contract” (hereinafter referred to as “this case member subscription contract”) at around October to December 201 (hereinafter referred to as “Defendant Association”) (1 to 7), and Non-Party International Asset Trust Co., Ltd. entered into an agreement with the debtor association on May 27, 2014 (hereinafter referred to as “the trust company of this case”) with “real estate trust” (hereinafter referred to as “the trust company of this case”).

In addition, the non-party J is the execution agent of the defendant union (hereinafter referred to as the "execution agent") entrusted by the defendant union with the overall affairs of the project for the construction of the apartment of this case, such as the purchase of land and the recruitment of union members (Evidence A2).

On the other hand, the non-party enforcement agent sold the site for the construction of the apartment of this case to the defendant association, the defendant association paid to the non-party enforcement agent a promissory note with the amount equivalent to the unpaid land price, and the defendant association is expected to pay the land price to the non-party enforcement agent with the proceeds (trust proceeds) accrued from the construction of the apartment of this case (Article 15 (9) 1 of the Agreement on the Subscription of the members

2. Payment of the plaintiffs' contributions

The plaintiffs paid contributions and business promotion expenses according to the contract for joining the association members of this case (Evidence No. 9 of the Evidence No. 3) as follows.

On October 19, 2011, 1. F1. 5 million won in cash of 1.5 million won and 1. 5 million won in cash of J2. 1, 2010. 2. 1. J2, 15,861, 420 won in cash of 201 and 2. 1. 26, 436,000 won in a new international account transfer trust account (P) with a corporate bank passbook of 1. 4. 26, 436, 200 won in a new account transfer account transfer account (P) with the bank passbook of 1. 1. 2. 2. 2. 2. 2. 2. 2. 201, 200 won in cash of 1. 2. 2. 2. 2. 2. 2010, 2000 won in cash of 1. 16. 3. 2000,000 won in a new account transfer account number of 3. 2. 3. 2. 3. 2.100000

1. On November 2, 2010, the sum of the F57,297,000 won A1. 5 million won: (a) the national bank account number Q200,000 won to deposit without passbook J2. 15,861,420 won to the Korean bank account number M on January 21, 201 J2. 15, 861,420 won to deposit without passbook (Account Number M) at the Korean Bank Account (Account Number) at the 201: the 1. 2. 1. 2. 4. 2. 4. 5. 1. 2. 1. 2. 1. 2. 1. 1. 2. 1. 1. 1. 2. 1. 1. 1. 2. 1. 1. 1. 2. 1. 1. 1. 1. 206 1. 1. 1. 2. 2. 2. 15 1. 2. 1. 2. 1. 2. 1. 2. 1. 2. 1. 1. 1. 2. 2. 1. 1. 2. 1. 2. 2. 1. 2. 1. 2. 1. 2. 1. 1. 1. 1. 1. 1. 1. 1

2. A total A. 163,039,420 won B1. 5 million won: (1) J2. 1, J2. 2, 201. 1, 260,000 won in the savings passbook (Account Number M) at the Korean Bank of J3. 15,861,420 won in the savings passbook (Account Number) at the Korean Bank of Bank of Korea (Account Number S) at the savings passbook (Account Number) at 191. 10,000 won in the account number of 1.26,436,00 won in the account number of the International Bank of Korea; (2) 10,000 won in the account number of the 1. 2. 152. 30,000 won in the account number of the International Bank of Korea (Account Number) at the 10.15.15. 10,000 won in the account number of the new account transfer (Account Number) at the International Bank of 2015.7. 105.

4. D. 2.1,00,000 won and 1,000,000 won and 2.1,200,000 won and 3.15,861,420 won and 420 won and 4.26,436,000 won and 2.16.2,00 won and 3.0,000 won and 2.50,000 won and 2.05,00 won and 3.0,000 won and 4.0,000 won and 2.0,000 won and 2.0,000 won and 2.0,000 won and 2.0,000 won and 2.0,000 won and 2.0,000 won and 3.0,000 won and 1,000 won and 2.0,000 won and 1,000 won and 2,000 won and 2.3,01,01,01, 2.2,05,01, 2,01,00,000000

5. C3.12,061,000 won: (a) 4.20,102,000 won on a deposit without an account number P; (b) 20,100 won on December 11, 201; (c) 22.10,102,000 won on an international deposit with an account number of an international bank; (d) 10,50,000 won on an international trust account (P Account Number) ; (e) 16.40,00 won on an international deposit with an account number of an international bank; (e) 16.40,00 won on an international deposit with an account number of an international bank from 20,000 won; (e) 16.40,000 won on an international deposit with an international trust account number of an international bank from 10,501, 201, 16.16.40,7,010 on an international trust account transfer from 206.1,17, 106,107,1,1,15,1,10000

6.5.52,871,000 won and 20.21 October 22, 2012 with the account number Pc. 6.52,871,00 won and 6.52,871,00 won and 20G (Account Number P) of the International Account Transfer Deposit Bank (Account Number P) with the account number of 163,039,4207 1.4,000 won and 20G (Account Number P. 1, 200,000 won and 16G (Account Number P. 2,000,000 won and 2,000 won and 1,000 won and 2,000 won and 1,000 won and 1,000 won and 1,000 won and 4,000 won and 2,01,01.2G Account Transfer from the International Account Transfer (Account Number P. 1, 2014) and 13G (16G Account Transfer

7. G6.52, 871,000 won and November 23, 2012, in total of 163,039,420 won by account transfer from a corporate bank passbook (Account Number P) at a corporate bank passbook (Account Number P) at the corporate bank passbook of the intermediate paymentG;

3. Cancellation of membership agreements;

(a) Expulsion of partners;

On March 8, 2013, the Defendant Union issued a expulsion on September 9, 2013 on the ground that Plaintiff F was unpaid to each member of the Plaintiff D, A, C, B, G, and E (Evidence A 10, 11).

B. The Plaintiffs’ failure to pay contributions and cancellation of the membership agreement

From May 2010, the non-party enforcement agent established a regional housing association in H, and began to recruit the members to build the apartment of this case (I, 138 households, 121 households among them, and the remaining 17 households) on the above ground.

On the other hand, in order for the non-party implementing agency to carry out the apartment project in this case, it is necessary to establish a local housing association, and obtain the establishment authorization from the competent authority of the regional housing association. In order to obtain the establishment authorization of the regional housing association, it is necessary to recruit a certain number of members (not less than 20 members) (Article 37 (3) of the Enforcement Decree of the Housing Act).

If the non-party enforcement agent fails to recruit union members or fails to recruit union members, the non-party executive agent suffers loss from the interest, etc. on the loan of land price.

For this reason, the non-party enforcement agent actively recommended the joining of the defendant association by approaching the plaintiffs and allowing them to join the association.

However, the plaintiffs are expected to join the association of this case, and the representative director L of the non-party exercise representative L of the non-party exercise shall change the names of the plaintiffs to the non-party sale at will. ② The plaintiffs shall not increase business promotion expenses, ③ the plaintiffs shall not participate in the payment of the expenses, ③ the plaintiffs shall actively encourage the members to join the association while proposing that they will pay the expenses of business promotion expenses. Among L's proposals, the plaintiffs believed L to be very favorable for the plaintiffs, and subscribed as the members of the defendant association (Evidence 12).

Thus, the defendant union was authorized by the competent authorities to establish the regional housing association, and the construction project of the apartment of this case was implemented.

However, the defendant union and the non-party enforcement agent did not comply with the promise made with the plaintiffs after obtaining authorization for the establishment of the regional housing association, and they did not change the plaintiffs' portion of sale to a voluntary sale, despite the plaintiffs' request to reduce the amount of sale, and on this reason, the plaintiffs did not pay the contributions.

As the defendant union no longer requires the plaintiffs, it expanded the territory by recommending the plaintiffs, and the plaintiffs also decided to withdraw from the debtor union because it is no longer reliable to believe the debtor union.

Accordingly, it would be assumed that the membership agreement between the defendant union and the plaintiffs was rescinded as a cause for which the defendant union was bound to pay.

4. Duty to return and refuse to return contributions, etc. to members of the defendant cooperative;

As above, since the membership agreement of this case was cancelled due to the reasons attributable to the defendant association, the plaintiffs are obligated to refund business promotion expenses and contributions paid by them.

In addition, the defendant union has the duty to refund the contributions to the plaintiffs pursuant to Articles 9 (2) and 10 (2) of the Agreement on the Admission of the Members of this case, regardless of the cause attributable to the membership agreement of this case.

Article 9 (Withdrawal of Members and Refund) (2) "A" intends to refund contributions for withdrawal from a cooperative or for other reasons, only the balance after deducting the prescribed common contributions from the contributions paid by "A" shall be refunded, but only the amount after deducting the prescribed common contributions from the contributions paid by "A" shall be refunded, if the new member to succeed to the rights and obligations of "A" and the new member to take part in the contributions paid by "A" is paid in full. Article 9 (2). Article 10 (Notice 2) and Article 10 (Notice 2) of the Business Promotion Expenses shall not be refunded. However, in the case of Article 9 (4) of the Act, the balance after deducting the prescribed common contributions from the contributions under Article 4 (1) of the Act and the amount after deducting the prescribed common contributions from the contributions under Article 4 (1) of the Act shall be confiscated as the cancellation amount of the contributions, and only the surplus shall be refunded.

For this reason, the plaintiffs sought the return of business promotion expenses and contributions to the defendant union several times, but the defendant union has not paid any money until March 18, 2015.

5. Conclusion

At present, most of the above contributions have been granted from a corporate bank arranged by the defendant union, and the loan interest is currently paid, but the defendant union's failure to refund the above contributions is very difficult to economicly.

Considering these points, we promptly accept the plaintiffs' claims and see the main time.

1) The head of the defendant association K and the representative director L of the non-party executive agent L is between K and K, and the non-party executive agent with L is the actual subject of this project, and K is only the so-called "bab" partnership.

2) After the obligees withdraw, a new partner has paid out the sale price in full, and the current debtor union and the third debtor are now seeking to settle the accounts and terminate a new deposit contract.