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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. C. A.C. (hereinafter “instant association”) was established in order to promote the common interest of members by acquiring shares in quasi-residential land supplied to persons subject to livelihood measures regarding D.D. development projects implemented by E.S., as part of living measures, as part of business profit and loss on land.
B. The Plaintiff joined the instant association around 2010.
C. In order to purchase land from SP, the instant association had its members pay charges to be used for land contract and authorization and permission costs, etc., and the Plaintiff paid KRW 12 million to the Asian trust account designated by the instant association.
As the Plaintiff did not submit to the instant association a written consent allowing the Plaintiff to use the amount trusted to the Asia Trust Co., Ltd., the instant association sent the certificate of content to the Plaintiff around July 28, 201, and some of them are as follows.
“Agre already drawing as it constitutes a provision on the draft No. 9 of the Third General Meeting of Cooperatives (case of a resolution of expulsion) and the articles of association Article 5 of the Association’s articles of association. As such, Crraw is not a member of Crrawing. It is not necessary for Crrawing to pay and return the land contract amount in the current Asian Trust Account. It is not necessary to keep the money which is not used as the land contract amount until August 5, 201. It is written or wirelessly notified to the Association by August 5, 201. It is known that it is a policy to deposit and process the money due after the designated date.”
E. On February 25, 2014, the Plaintiff sent a content-certified mail to urge the instant association to perform the return of land contract amount.
[Reasons for Recognition] Class A, Evidence Nos. 1, 3, 6, Evidence Nos. 1 and 17, and the purport of the whole pleadings
2. The plaintiff's assertion and judgment are first made, and the defendant is the plaintiff in the association of this case.