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1. All of the plaintiffs' lawsuits of this case are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The plaintiffs entered into a contract (tentative name) with the committee for promotion of a regional housing association (hereinafter referred to as the “instant promotion committee”) and the new winding Co., Ltd. (hereinafter referred to as the “new winding”), which is the agency company (hereinafter referred to as the “instant association”) of Yeongdeungpo-gu Seoul District Housing Association (hereinafter referred to as the “instant association”), and paid money as the members’ contributions to the instant association (hereinafter referred to as the “instant membership contract”). The defendant entered into an office contract (hereinafter referred to as the “instant office contract”) between the promotion committee of this case and the new winding Co., Ltd., and then paid money as the members’ contributions to the instant association (hereinafter referred to as the “instant association”). The defendant is a corporation that currently keeps the money as the members’ contributions from the members who entered into the instant association membership contract (hereinafter referred to as the “instant office contract”).
B. Upon entering into the instant subscription contract on May 25, 2016, Plaintiff A deposited KRW 40 million in the Defendant’s account as a member’s contribution, etc. on the same day, and Plaintiff B also deposited KRW 40 million in the Defendant on May 21, 2015, including the Plaintiff’s contribution, after entering into the instant subscription contract on May 28, 2015. Plaintiff C also entered into the instant subscription contract on July 27, 2015, and deposited KRW 20 million in the Defendant’s account as a member’s contribution, etc. on November 2, 2015.
(hereinafter, as above, the plaintiffs deposited money as members' contributions, etc. (hereinafter referred to as "each of the contributions of this case").
Around December 2014, the instant promotion committee entered into an agency contract with the New Favour Korea to act as an agent for the recruitment of members, establishment of an association, purchase of land, etc. The instant promotion committee again entered into a contract with the new Favour Korea on August 5, 2016.