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(영문) 부산지방법원 2019.06.25 2018가단317337
분담금 등 반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 26, 2016, the Plaintiff entered into a partnership agreement (hereinafter “instant contract”) with the Defendant Association Promotion Committee, which was organized to promote a regional housing construction project implemented in Busan Jin-gu C, Busan (hereinafter “instant contract”). The main contents of the instant contract are as follows.

In case of applying housing type: 234,00,000 won (in case of a contract, KRW 5,00,000; KRW 11,70,00,000 upon receipt of the first contribution cooperative within 20 days after the contract; KRW 11,70,000 at the time of establishment; KRW 11,70,00 at the time of establishment; six months after the commencement; 12 months after the commencement; 12 months after the commencement; 18 months; 24 months; 23,40,000 won for each of 30 months; KRW 46,803,00 for the remainder of 30 months; and KRW 46,80,000 for the remainder of administrative service charges; KRW 12,00 (5,000,000 at the time of the contract; and KRW 7,00,000 at the time of receipt of the association); and

1. Administrative service costs, out of the fees paid to members, are the administrative service costs for performing all the duties of the service on behalf of the licensed administrative agent in subrogation of A;

4.The administrative service costs to be paid by the administrative service provider B to the administrative service provider is known to be paid to the administrative service provider who receives the above services from Gap and Eul, and in any case, to Gap, the administrative service provider, the contractor, the contractor, and the fund management association as provided for in Article 10 may not request for the return of the services costs.

6. Administrative service costs paid at the time of application for membership shall not be refunded for the suspension of a project and year due to low contract rate set before the commencement of the project, withdrawal from the contract of Eul, withdrawal from the partnership, replacement of union members, and shall be additionally paid for each additional Do at the time of re-admission thereafter;

Article 10 (Loss and Termination of Membership and Compensation for Damages)

1. A shall, in the event that there is an act falling under either of the following subparagraphs, do not take a peremptory notice of performance or other separate measures:

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