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(영문) 부산고등법원 2019.12.18 2019나52990
조합가입금반환청구
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) The Defendant’s business of constructing housing within the N department in Ulsan-gu N department and supplying housing to its members and the general public (hereinafter “instant business”).

(2) On January 25, 2015, the Defendant succeeded to the rights and obligations relating to the instant project of the MM Housing Association Promotion Committee at the time of the establishment of the said Committee at the time of the establishment of the said Committee, at the time of the establishment of the said Committee, on September 24, 2015, after holding an inaugural general meeting on June 9, 2016.

(hereinafter referred to as “Defendant Promotion Committee”) entered into an agreement with S as a member of the Defendant and thereafter the name of the member was changed to Plaintiff J.

(3) The remaining plaintiffs except the plaintiff J and the defendant do not distinguish before and after the change of the name of the union member, and are deemed to be the membership joining agreement between the plaintiff J and the defendant). The remaining plaintiffs except the plaintiff J and the defendant's promotion committee constitute the defendant's membership joining agreement with each of the plaintiffs except the plaintiff J (hereinafter the "this case's membership joining agreement"), including the contract between the plaintiff J and the defendant.

(2) Upon entering into the contract of joining the association of this case, the plaintiffs and the defendant's promotion committee are the persons who were the members of the defendant. (2) At the time of entering into the contract of joining the association of this case, Article 3 of the contract of joining the association of this case, "the down payment when refunding the amount of payment for the union members due to the reasons such as non-disqualification for union members, withdrawal from the association (e.g., cancellation, cancellation, failure to implement the business of the association)" shall be refunded after the settlement of expenses, and the service expenses shall not be refunded. In addition, the time of repayment shall be determined in accordance with the rules of the association and the trust company."

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