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(영문) 부산지방법원서부지원 2020.04.08 2019가단111095
청구이의
Text

1. The Defendant’s decision on performance recommendation for the case No. 2019 Ghana 111723 against the Plaintiff was based on the Busan District Court Seo branch.

Reasons

1. Facts of recognition;

A. On October 21, 2017, the Defendant entered into a membership agreement with the Plaintiff Union, and the Plaintiff Union ordered the Defendant to prepare and deliver to the Defendant a letter of guarantee of safeness of a regional and regional housing association (hereinafter “instant letter of guarantee”).

(tentative) The Committee for Promotion of the Regional Housing Association (tentatively referred to as the "Act on behalf of the Members") confirms that, in promoting the project of the Regional Housing Association in Suwon-gu Busan Metropolitan City, the following shall be promised to be performed at the time of the implementation of the project of the Regional Housing Association, and at the time of the non-performance of the project, all contributions

When an application for authorization to establish an association is not made until July 31, 2018, with no land security;

B. The Defendant paid to the Plaintiff Union KRW 18.2 million (hereinafter “instant contributions”) under the name of the Plaintiff Union members’ contributions and agency expenses according to the membership agreement.

C. The Plaintiff Union obtained authorization from the competent authority on April 17, 2019 for the establishment of a housing association.

On June 17, 2019, the Defendant filed a lawsuit seeking the return of the instant contribution paid as Busan District Court Branch Decision 2019 Ghana 111723. On June 19, 2019, the said court rendered a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) as the content of the said lawsuit as is, and the Plaintiff was served with the decision on performance recommendation of this case and did not raise any objection, and became final and conclusive on July 9, 2019 as it was.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 12, and 13, the purport of the whole pleadings

2. As the decision on performance recommendation has become final and conclusive and the res judicata does not arise, in a lawsuit of demurrer against a final and conclusive decision on performance recommendation, the failure of the claim prior to the decision on performance recommendation is also a ground for objection. In this case, the burden of proof as to the existence or establishment of the claim is against the defendant in a lawsuit of objection.

The defendant is the business site of this case.

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