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(영문) 대구지방법원 2018.03.23 2016가단113433
조합가입납입금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant Union is a regional housing association established to promote a housing construction project in accordance with the Housing Act and its Enforcement Decree by making the Daegu Suwon-gu three project implementation district as a project implementation district.

B. On February 4, 2015, the Plaintiff entered into a membership agreement with the Defendant Union (hereinafter “instant membership agreement”) and paid a total of KRW 92 million to the Defendant Union as a member’s share of expenses, including KRW 46 million on January 13, 2015, KRW 31 million on April 23, 2015, and KRW 15 million on April 24, 2015.

C. The main contents of the instant covenant are as follows.

Article 7 (Definition of Terms) The meaning of terms used in this Code shall be as follows:

4. Contributions: The whole amount that a cooperative member pays to the cooperative for the promotion of its projects, such as operating expenses, land purchase expenses, construction expenses, etc. shall not be allowed to withdraw from the cooperative at will;

Provided, That when a member intends to withdraw from an association due to unavoidable reasons, he/she shall notify the head of the association in writing 15 days prior to the withdrawal, and the head of the association shall determine whether to withdraw from the association by resolution of the general meeting or the

(4) With respect to a person who has lost the status of a partner due to withdrawal, forfeiture of membership, expulsion, etc., only the principal paid excluding agency service charges from the payment made by the partner shall be refunded, and the time of refund shall be the refund key at the time when the payment is completed by substitution of a new partner and a general seller, but the joint contributions to be deducted and the time of refund may be separately determined by a resolution of the general meeting.

Article 15 (Number of Officers and Right to Withdrawal) The Association shall have one president, not more than five directors (including the president of the Association), and not more than one auditor.

No person who is not a member shall be elected as an officer.

Article 18 (Disqualifications, Disqualifications, etc. for Executives) (1) None of the following persons shall be appointed as an executive officer or representative of a cooperative:

5.This paper.

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