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(영문) 서울중앙지방법원 2015.08.13 2014가합569016
조합원분담금 반환청구의 소
Text

1. The plaintiffs' action against defendant Asian Trust Co., Ltd. is dismissed.

2. The defendant Gat Housing Association shall be attached in annexed Table.

Reasons

1. Basic facts

A. In order to purchase an “I Housing Association Apartment” apartment (hereinafter “the instant association apartment”) to be newly constructed on the land of Pyeongtaek-si H, the Plaintiffs were before the Defendant association was authorized to establish a new housing association at the time when part of the Plaintiffs of the Defendant G Housing Association (hereinafter “Defendant association”) entered into a membership agreement. Therefore, it is reasonable to deem that the Defendant association succeeded to the rights and obligations of the said contract by obtaining authorization for establishment and completing registration of establishment. Accordingly, the Defendant association is stated only as the Defendant association.

the members of the Commission are all members of the Commission.

B. The Defendant Cooperative established a promotion committee on May 31, 201 for the construction of the instant partnership apartment, and held an inaugural general meeting on April 27, 2013.

The defendant union obtained the establishment authorization from the head of Pyeongtaek-si on October 18, 2013 in accordance with the Housing Act, and completed the establishment registration on November 7, 2013.

C. The Plaintiffs entered into each of the agreements to enter into an association (hereinafter “instant agreement to enter into the association of this case”) with the content that they would purchase one household of the instant association apartment units by paying the shares of the association after joining the Defendant association and the Defendant association on each of the pertinent days stated in the attached Table “contract Date” (hereinafter “instant agreement”).

The main contents of the contract to join the association of this case are as follows.

A: Defendant Union: Union members, Union members, and C: P&T development company, which is a general PMF service company, [general provisions] Article 1 of the Housing Act, Article 32 of the Enforcement Decree of the Housing Act, Articles 38 and 39 of the Enforcement Decree of the same Act, and Article 18 of the Enforcement Rule of the same Act, shall delegate all of the business affairs to A, but shall carry out the business in an undetermined state of approval of the business, so C shall have Byung carry out a general P&M service (hereinafter referred to as “general PMF”), and A shall be a apartment if B completely pays its members’ contributions (members’ contributions and general PMF service costs).

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