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(영문) 창원지방법원 2020.01.16 2018가합55480
조합원지위부존재 확인 등
Text

1. Of the instant lawsuit, the part demanding confirmation of the existence of the Plaintiffs’ claim for refund of contributions due to the Plaintiffs’ loss of membership.

Reasons

A. In the event of the conclusion of the contract, the Plaintiff’s association entered into an agreement with the “The Promotion Council of the Regional Housing Association” (tentatively referred to as the “Defendant’s association”). As the Defendant’s association succeeded to the rights and obligations of the above Promotion Council, it is not classified.

on each date stated in the section, each contract signed by the defendant association as a member of the defendant association and its interest shall be entered into, and the main contents shall be as follows:

(hereinafter referred to as “instant partnership subscription agreement” and “instant supply agreement,” and collectively referred to as “instant union subscription agreement, etc.”: [tentative name] regional housing association (hereinafter referred to as “A”): Members of the regional housing association: [tentative name] regional housing association (hereinafter referred to as “A”): Article 4 [Co., Ltd. (hereinafter referred to as “A”) of H Co., Ltd. (hereinafter referred to as “H”) shall bear the union members contributions and agency expenses as follows for the project:

* Members’ contributions and a schedule for the payment of agency expenses - 1 complex - omitted - 1) - for the smooth progress of the project, the agency expenses shall be paid without delay in accordance with the schedule for the payment of cooperative contributions attached to the association members’ contributions, and shall be paid in full upon the conclusion of this Agreement (Provided, That the time schedule for the payment of contributions may be adjusted by the notification of A and C, linked to the schedule for the implementation of the project.

(2) 2) The above-mentioned contributions will be determined and determined on the basis of the amount determined by the average calculation of the number of households for each type of square to be occupied by B through the Assembly of the Union in the future, on the basis of differential applied supply, taking into account the value of each group, floor, class, unit, and any other household, through the Assembly of the Association.

3) The remainder of the cooperative contributions shall be the amount obtained by subtracting the contributions paid in full from the supply amount of differential application to each household. 4) The above cooperative contributions shall be the land of this business supplied without regard to the price increase rate.

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