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(영문) 대구지방법원 2018.04.26 2016가단107735
분담금 반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant was established as a regional housing association established to promote a housing construction project (hereinafter “instant project”) pursuant to the Housing Act and its Enforcement Decree with one project implementation district of Daegu Suwon-gu C as a project implementation district; on April 13, 2015, the Defendant obtained authorization for the establishment of a housing association from the head of Suwon-gu head of the Gu (as of June 9, 2015, 985 members of the housing association) (as of April 13, 2015, an application for authorization for the establishment of a housing association (as of June 33, 2225.54 square meters of the site area; 1,382 households to be constructed; and from June 30, 2016 to August 30, 2019).

B. On March 23, 2015, the Plaintiff entered into a membership agreement with the Defendant (hereinafter “instant membership agreement”) and accordingly, paid KRW 154,00,000 in total as a member’s contribution (hereinafter “instant contribution”) by June 24, 2015.

C. The main contents of the instant subscription contract (Evidence A 1) prepared at the time of entering into the instant subscription contract are as follows.

Description of the object: Daegu Suwon District Court Article 1 (Definition and Purpose)

1. The purpose of this project is to procure and operate the funds and to carry out other necessary projects in supplying the housing of the members of the association for promoting the stabilization and improvement of the residential life which is the cause of the members of the association;

2. “A” and “B” shall endeavor to ensure that this project for the creation of a house in happy by fulfilling their responsibilities on the basis of good faith, good faith and cooperative principles until the completion of the project in accordance with the provisions of the Code of the Association.

Article 3 (Members' Contributions)

1. The shared amount of association members shall include land purchase costs, construction works costs, design and supervision costs, removal costs, civil petition treatment costs, service costs, and other costs and expenses incurred in performing this project (such as costs for the construction of model houses);

2. “B” shall pay the following contributions by the due date in accordance with the following schedule of payment of contributions:

Article 8 (Omission of Payment Schedule for Cooperative Members' Contributions)

3. Members' contributions include agency expenses (10 million won/households).

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