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(영문) 부산고등법원(창원) 2020.09.17 2020나10940
납입금반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant is a regional housing association that obtained authorization to establish a housing complex on January 23, 2018 from the Kimhae-si market to implement a housing construction project with the construction of a new housing complex (hereinafter referred to as “instant project,” and the site subject to the instant project is referred to as “instant project site”).

B. The Plaintiffs entered into a membership agreement with the Defendant Promotion Committee (hereinafter referred to as “Defendant”) on each day indicated below the date prior to obtaining authorization for the establishment of the association, which stipulates that the Plaintiffs shall join the Defendant’s association members and pay the Defendant’s contribution for business expenses and transfer the ownership of one household of an apartment newly constructed pursuant to the instant project (hereinafter “instant membership agreement”), and the Plaintiffs paid each of the following money from February 25, 2016 to February 9, 2018 under the membership agreement.

[ table] The amount of KRW 2 B (K) worth KRW 30 million on July 8, 2016, July 13, 2016, 2016, KRW 330 million on February 25, 2016, KRW 4D (M) worth KRW 40 million on February 25, 2016, as of the date of concluding a contract for the Plaintiff’s (applicant for the same as the Plaintiff’s house)

C. The main part of the instant subscription agreement is as follows.

(A) “A” means the Defendant, the Plaintiffs, and the “A” means the Plaintiff, the members of the association, and the “A” means the R, the agency company. The indication of the object [tentative name]

1. Project name: A project to create multi-family housing units in the H-regional housing association;

2. Site area: 9,347.00 square meters (area used in a room 9,347.00 square meters).

3. Total floor area: 76,968 square meters;

4. Scale/number of households: Three stories below ground or above ground, 36, 38, 39 stories / Multi-family housing 522 households, officetels 72 households, neighborhood living facilities, and ancillary welfare facilities.

5. Location of the business site: Kimhae-si Q.

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