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(영문) 대구지방법원 2019.11.20 2019가단111650
가입금반환 등 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant Mutual Aid Association is a regional housing co-owner established for the purpose of constructing and supplying the housing of the members of the Mutual Aid Association for residential life (hereinafter “instant project”).

B. On June 22, 2015, the Plaintiffs subscribed to the Defendant Union (the name was “E Regional Housing Association” and subsequently changed).

C. As above, the Plaintiff agreed to be supplied with F of 84.29 square meters (exclusive use area of 59.9141 square meters, contract area of 112.5821 square meters) in a charge of KRW 215,554,00, and pursuant to the agreement, the Plaintiff paid KRW 45,000 in total as down payment among the above charges up to the present time pursuant to the agreement, and the Plaintiff B paid KRW 98.6578 square meters (exclusive use area of 73.5687 square meters, contract area of 13.3943 square meters) of the supply area supplied by the Defendant Union to be supplied with KRW 235,247,00 in a charge, and according to the agreement, the Plaintiff paid KRW 48,037,00 in a contract deposit up to the present time.

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

2. Determination as to the cause of action

A. The Plaintiffs asserted that: (a) the Defendant Cooperative agreed to pay the contributions at the fair rate of apartment and demanded the Plaintiffs to pay money other than the contributions or contributions from time to time on the pretext of emergency funds, etc.; (b) even though the period of completion was agreed at the end of 2018 or until the beginning of 2019 at the time of joining an association, the completion is not yet completed; (c) the Defendant Cooperative violated the contract on the completion date, such as talking about the expected completion date at around 2022; and (d) even if the construction was originally agreed upon at H, it violated the terms of the contract on the construction.

The Plaintiffs, on the ground of the above violation of the agreement of the Defendant Union, rescinded or terminated each of the instant membership agreements. The Defendant Union.

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