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(영문) 울산지방법원 2020.10.23 2018가단65714
분담금 반환
Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

A. 1) Defendant D District Housing Association (hereinafter “Defendant Association”)

(2) On September 1, 2015, the Defendant E Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) concluded a business service contract with the Defendant’s association and concluded it on September 1, 2015, on behalf of the Defendant Co., Ltd., the Defendant Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) and terminated the business service contract between the Defendant Co., Ltd. and the Defendant Co., Ltd. on January 17, 2017.

B) On January 12, 2017, Plaintiff A entered into an membership agreement with the Defendant Cooperative, which succeeded to the status of the member of G that entered into the membership agreement on October 13, 2015, and Plaintiff A paid KRW 35 million to G on January 12, 2017, respectively. Plaintiff B and C entered into an membership agreement with the Defendant Cooperative on September 15, 2015, respectively, and Plaintiff B paid KRW 45 million ( KRW 5 million on September 15, 2015, KRW 18 million on September 18, 2015, KRW 30 million on September 5, 2015, KRW 45 million on September 18, 2015, KRW 15 million on November 5, 2015, KRW 45 million on May 15, 2015, KRW 15 million on May 25, 2015).

(hereinafter referred to as the “instant subscription agreement” in general referred to as the Plaintiffs’ respective contracts, and each of the said payments is collectively referred to as the “instant payment”).

C. At the time of entering into the instant subscription contract, the Defendant Association Promotion Committee and the Defendant Company guaranteed that the full amount of down payment and business promotion expenses should be returned if the application for authorization of establishment is not possible during the instant project promotion (hereinafter “instant agreement”) was prepared and delivered to the Plaintiffs.

On December 29, 2016, the Defendant Association Promotion Committee held an inaugural general meeting and enacted the rules of association including the following provisions (hereinafter “instant rules”).

Article 8 (Qualification for Membership) (Qualification for Members)

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