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(영문) 창원지방법원 2020.12.03 2019가합55562
분담금등반환청구의 소
Text

Plaintiff

A From September 5, 2019, Plaintiff B from September 18, 2019, Plaintiff C from September 6, 2019, Plaintiff C from September 6, 2019, and Plaintiff D from September 10, 2019.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established to carry out the apartment construction project with a total of 3,764 households at Gwon in Kimhae-si (hereinafter “instant project”), and obtained authorization to establish an association on April 12, 2016 from the Kimhae-si market, and obtained approval for the instant project plan on June 16, 2017.

B. On May 2015, Plaintiff A, B, C, and D joined the Housing Association (tentatively named “Promotion Council”) and entered into a membership agreement with the said Plaintiffs on the condition that the said Plaintiffs shall pay the members’ contribution to the project cost and be transferred the ownership of one household of an apartment newly constructed pursuant to the instant project in the future, and thereafter, the Defendant succeeded to the rights and obligations of the Promotion Council.

Plaintiff

On July 10, 2016, E entered into a membership agreement with the Defendant with the content that the Plaintiff E shall join as the Defendant’s member and pay the Plaintiff’s share of the expenses for the project, and that the ownership of one household of an apartment newly built according to the instant project shall be transferred.

Plaintiff

Around April 2016, H, a spouse of E, concluded a membership agreement with the Defendant and paid 1.4 million won as down payment (1.5 million won on April 24, 2015, and KRW 9 million on April 25, 2016). On July 10, 2016, Plaintiff E transferred the right to the said down payment of KRW 1.4 million and entered into a new membership agreement with the Defendant.

(hereinafter referred to as the “Defendant” without distinguishing between the promotion level and the Defendant, and each of the above subscription agreements is collectively referred to as the “instant subscription agreements”).

The Plaintiffs paid contributions (contracts, the first intermediate payment), and administrative service fees, as indicated below, to the Defendant in accordance with the subscription agreement of this case, and paid them as contributions upon receiving the loans from Brazil.

On the other hand, Plaintiff A, C, D, and E are financial institutions from July 2018 to September 2019, and Plaintiff B from August 2018 to September 2019.

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