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(영문) 청주지방법원 2018.05.10 2017가합202217
분담금 반환
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 is a regional housing association established to conduct a new construction project of a regional housing association (AH; hereinafter “instant apartment”) according to the former Housing Act (amended by Act No. 13435, Jul. 24, 2015) and its Enforcement Decree using the AG Group as a project target area in Cheongju-si, and the Plaintiffs are members of the Defendant.

[Attachment 1] B 3,210,00 2 C 33,210,00 5 D 38,130,130,007 F 38,130,130 G 38,130,1300 8,1300 G 38,130,130,210, 00 10 43,050 43,050 11 J 43,000 43,050, 030, 4040, 3040, 430, 405, 40, 3040, 430, 50, 050, 430, 40, 050, 004, 430, 050, 005, 005, 4304, 0530, 305, 3004

B. The Plaintiffs did not submit each contract signed by the Defendant Plaintiffs around March 2015, and it is not clear whether the other party to which the contract was concluded is the promotion committee of the A Regional Housing Association or the Defendant. However, since the Defendant succeeded to the status of the promotion committee of this case according to the authorization of establishment of the instant case,

After concluding each contract for joining A regional housing association or apartment (hereinafter “instant contract”) with the Defendant, each money was paid to the AI account of the Defendant, which managed the Defendant’s funds, as stated in the following table.

C. On June 24, 2015, a regional housing association promotion committee held the Defendant’s inaugural general meeting and established the Defendant’s bylaws of the association (hereinafter “instant bylaws”) and obtained authorization for the establishment of the Defendant from the Cheongju market on August 11, 2015, and accordingly, succeeded to the status of the said promotion committee.

The main contents of the A regional housing association and apartment subscription contract concluded between the plaintiffs and the defendant (hereinafter referred to as the “instant contract”).

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