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(영문) 의정부지방법원 2020.06.10 2019가합51482
조합원지위부존재확인 등 청구의 소
Text

1. The defendant,

A. 36,019,200 won to Plaintiff A and 5% per annum from December 27, 2018 to March 20, 2019.

Reasons

1. Basic facts

A. 1) The Defendant shall set up the project site in South Yangyang-si D (hereinafter “instant project site”).

(C) The apartment of the C Regional Housing Association (hereinafter referred to as the “instant apartment”) was newly built and sold in lots (hereinafter referred to as the “instant apartment”).

(2) In order to implement the Housing Act, the Defendant selected E Co., Ltd. (hereinafter “E” and omitted the entry of “stock company”) as the agent of the instant project, and E entered into a service contract with F on the recruitment of union members.

B.1) On December 21, 2016, Plaintiff A and Plaintiff B enter into an association with each of the Defendant on December 22, 2016, under which Plaintiff A and each of the Defendant is obliged to pay the Defendant’s share of the expenses for the project and to transfer the ownership of one household of an apartment unit to be newly constructed pursuant to the instant project (hereinafter “each of the instant agreements to join an association”).

(2) The contract form of each of the instant associations contains the following: (a) the Defendant, as an implementer, signed and sealed each of the names and seals of the Defendant as an agent; and (b) the Plaintiff delegated the Defendant and E with matters such as the authority pertaining to partnership affairs and the recruitment and management of association members, authorization for establishment, and modification of association establishment following the implementation of the instant project: Provided, That all of the activities of E must obtain prior consent from the Defendant.

C. When entering into each of the instant agreements with the Plaintiffs, the Defendant guarantees that the following: (a) the regional housing association of the district housing association does not have additional contributions for the members and the agency fees specified in the agreement to join the association; (b) the final and conclusive sale price (additional contributions) of the certificate of security (Evidence A2 and 6) as follows; and (c) the regional housing association of the district housing association

The C Regional Housing Association shall guarantee the refund of the total amount of contributions paid by its members when it has failed to approve the project plan (tentatively, the approval date of the project plan).

except (tentatively named)C.

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