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(영문) 수원지방법원평택지원 2019.11.21 2019가합8926
조합원지위부존재확인 등
Text

1. Of the instant lawsuit, the part of the lawsuit demanding confirmation of non-existence of membership shall be dismissed.

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. The Defendant is an association organized to implement a multi-family housing construction project, such as apartment buildings comprised of 86,684 square meters of land purchase area, 75,69.32 square meters of real business area, and 1,764 households in Ansan-si.

B. On July 25, 2015, the Plaintiff entered into a partnership joining agreement with the Defendant (hereinafter “instant partnership joining agreement”) with the following terms and conditions (hereinafter “instant association joining agreement,” and the said agreement (Evidence A No. 2) was referred to as “instant partnership joining agreement”).

Article 3 (Pre-Contractr) The prospective contractor for the construction of apartment units shall be the Dispute Resolution Co., Ltd., and the defendant to whom the authority has been delegated pursuant to Section 2 shall conclude the provisional contract and this contract on behalf of the plaintiff.

Article 4 (Vicarious Execution of Partnership Business)

1. An association agent shall be selected for a smooth new construction project of apartments;

A cooperative agent shall be E, and a cooperative agent shall delegate and undertake all matters necessary for the implementation of this project, and a contract for a cooperative agent shall be concluded separately by the defendant.

2. The cost for the vicarious operation of a cooperative means the cost for promoting projects from the date of conclusion of a contract to the time of liquidation after moving into the cooperative, and no objection shall be raised with respect to the cost for the vicarious operation of a cooperative that is paid by the cooperative to its agent after receiving a separate payment from each

3. The period from the date the contract is concluded to the date on which the approval for the use of apartments is inspected and the completion date of partnership liquidation is completed;

Article 5 [Trust Company] Designation of F as a trust company to manage funds in a transparent manner for the progress of the business, and Management of funds, and a trust company agreement shall be concluded separately by the defendant and agreed by the plaintiff.

Article 7 (Charges for Cooperative Members and Management thereof)

3. In principle, a member's contribution shall be deposited in the following accounts designated by the defendant under his/her own name, and all contributions deposited in other accounts shall not be recognized.

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