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(영문) 부산지방법원 2020.08.25 2019가단13649
계약금(조합원분담금 및 업무추진비)반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C Regional Housing Association (hereinafter “C Housing Association”) (hereinafter “C Housing Association”) was an organization established for the business of constructing new housing in Busan Annual Zone D (hereinafter “instant business”), and on July 21, 2013, the Plaintiff entered into a contract with C Housing Association (hereinafter “instant subscription contract”).

B. On July 7, 2013, the Plaintiff paid KRW 1,170,000 on each side of the housing association, KRW 14,000,000 on each side of the housing association, KRW 14,000,000 on July 11, 2013, and KRW 21,000,00 on December 21, 2013, and paid KRW 1,170,00 at each cost, such as air conditioners.

C. Since February 24, 2017, C Housing Association obtained authorization for the establishment of the Defendant Association from the head of the Busan Metropolitan City annual head of the Gu, and obtained approval for the project plan on April 16, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. On June 4, 2019, the Plaintiff, which caused the Plaintiff, lost the Plaintiff’s membership in the instant membership agreement due to the Defendant’s cancellation and expulsion notice. If so, the Defendant is liable to pay the Plaintiff the remainder 7,171,800 won, excluding the down payment and the agency fee, as stipulated in the said membership agreement.

B. According to the purport of the entire pleadings as to Gap evidence Nos. 1 and 6, the defendant union notified the plaintiff of the termination of the contract and the expulsion of its members on or around June 4, 2019 on the ground of the non-performance of the obligation under the union agreement. Article 9(3) of the subscription agreement of this case provides that "if a union member withdraws or is expelled ex officio, only the principal of the payment excluding the down payment (including subscription money) and the agency fee shall be refunded," but on the other hand, as shown in the above evidence and the purport of the entire pleadings, the time of refund of the money refunded as mentioned in the above provision of the above contract is a new union member and a general seller.

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