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(영문) 서울중앙지방법원 2017.10.20 2016가단5305276
조합원분담금 반환청구의 소
Text

1. The Defendant: (a) KRW 28,00,000 to Plaintiff A; and (b) KRW 17,00,000 to Plaintiff B; and (c) to each of them from January 4, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiffs are members of the Defendant Association who subscribed to the instant association in order to purchase an apartment building of the C Regional Housing Association (hereinafter “instant association apartment”) to be newly built on Pyeongtaek-si D land.

B. For the construction of the instant partnership apartment, the Defendant obtained authorization to establish the association on October 18, 2013 under the Housing Act, and completed the registration of incorporation on November 7, 2013.

C. The Plaintiffs entered into an agreement to enter into an association with the Defendant as to the purchase of one unit of the instant association apartment units (hereinafter “instant agreement”) on each of the pertinent days indicated in the attached Table “contract Date” with the Defendant, respectively. The Plaintiffs paid part of the amount of the association members as stated in the attached Table “Contract Deposit” and “Bronon Deposit.”

The main contents of the contract to join the association of this case are as follows. Article 7 of the contract to join the association of this case [members of the association] shall pay the contributions of members as follows:

A member’s share of the total amount of the charges (unit: 229,000,000 203,000 195,000 2,000 209,000 200 2,000 3 or 214,000 3 or 2006,000 - 8,000 8,000 - 84,000 housing-type 84 m29,000 for each member’s share of the total amount of the charges (unit: 229,000 -220,000 - 9,000 240,000 - 240,00231,000 - 9,000 - 3 or 28,09,09,00 - [Article 209,9,00 -29,00 -

2.The above charges shall be the determined and supplied price.

3.The above payment schedule may be somewhat modified in accordance with the authorization schedule and process schedule.

(F) 11. General TPP service costs are not refunded at the time of the cancellation of the contract, the withdrawal of the partnership, the replacement of the partnership members, and shall be paid separately at the time of further repurchase.

Article 12. [Violation of Contract, Disqualification, Withdrawal, Refund Time and Compensation for Damages]

3. No member may withdraw from a cooperative at will;

Provided, That a cooperative shall be a cooperative due to unavoidable reasons.

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