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(영문) 창원지방법원 2020.09.03 2019가합56039
분담금 반환 청구
Text

1. The plaintiff's primary claim is dismissed.

2. The plaintiff's conjunctive claim confirms the absence of the obligation to pay the contribution.

Reasons

1. Basic facts

A. The Defendant was a regional housing association established in order to implement a housing construction project (hereinafter “instant project”) at the Ilwon in Kimhae-si, and obtained authorization to establish an association from the Kimhae-si market on June 8, 2017.

B. Around June 2015, the Plaintiff entered into a membership agreement with D Regional Housing Association (tentative name) (hereinafter “Promotion Council”) and entered into between the Plaintiff and the Plaintiff to acquire the ownership of one household of an apartment unit to be newly constructed according to the instant project, and thereafter, the Defendant succeeded to the rights and obligations of the Promotion Council.

After the Defendant was established and the contractor was changed from E Co., Ltd. (hereinafter “E”) to F (hereinafter “F”), the Plaintiff, on September 5, 2017, changed the content of the Defendant’s and outlines of business, peace, class, number of units, contributions, etc., and drafted a mutual membership agreement again on September 5, 2017.

(hereinafter referred to as the “Defendant” without distinguishing the Defendant from the Defendant, and the Plaintiff’s subscription contract entered into with the Defendant, regardless of whether it was before or after the amendment of the contract.

The Plaintiff was in the position of the householder on the resident registration basis at the time of entering into the instant subscription agreement, but on September 27, 2019, the Plaintiff lost the status of the householder when changing the householder into his spouse G. D.

From May 24, 2015 to July 12, 2019, the Plaintiff paid KRW 57,070,000 (including KRW 30,000,000 from Brazil loans as of February 7, 2018) to its members’ contributions and indirect official business expenses.

E. Of the joining agreement of the instant case (based on the evidence No. 1 that reflects the modified contract content) and the Defendant’s agreement (hereinafter “instant association agreement”), the parts related to the instant case are as follows.

In the construction of a partnership apartment in the Dongwon (B regional housing association apartment), Kimhae-si, the head of the association of the B regional housing association (hereinafter referred to as the "A") and the partnership apartment.

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