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(영문) 창원지방법원 2020.10.15 2019가합55883
조합원지위확인 등의 소
Text

Plaintiff

A From October 7, 2019, Plaintiff B and C from September 30, 2019 to September 30, 2019; Plaintiff D from October 1, 2019 to Plaintiff D; and Plaintiff E from October 1, 2019 to October 7, 2019.

Reasons

1. Basic facts

A. The Defendant was a regional housing association established in order to carry out the apartment construction project with a total of 3,764 households (hereinafter “instant project”) on the land outside G in Kimhae-si and 283, and obtained authorization for the establishment of the Housing Act on April 12, 2016 from the Kimhae-si market.

B. The Plaintiffs entered into a membership agreement with each of their respective “(tentative name)F Area Housing Association” (hereinafter “Defendant”) with the content that the Plaintiffs shall join as the Defendant’s members and pay the shares, and that they shall acquire the ownership of one unit of an apartment building to be newly constructed pursuant to the instant project (hereinafter “instant apartment”) from the Defendant (hereinafter “the Plaintiffs entered into the membership agreement with the Defendant”) (hereinafter “instant subscription agreement”).

C. The Plaintiffs paid the down payment, contributions, administrative service charges, etc. to the Defendant pursuant to the instant subscription agreement, and the payment details are as listed below.

On the other hand, the plaintiffs received the Brazil loan and paid it as a contribution. From July 2018 to October 2019, the plaintiffs A paid the interest of 2,863,279 won, from July 2018 to September 2019, and from July 2018 to September 2019, the plaintiffs B paid the interest of 3,275,607 won, and from July 2018 to September 2019, the plaintiffs C paid the interest of 3,067,524 won, the plaintiffs C, and 3,067,524 won, the 3,054,830 won, and the 3,067,528 won to the financial institution.

Plaintiff

Details of payment as of May 6, 2015 A: KRW 11,910,00 on April 28, 2015; KRW 14,300 on May 6, 2015; KRW 14,00,00 on administrative service charges of KRW 14,30,00 on July 9, 2015; KRW 35,000 on May 1, 2016; KRW 30,00 on June 14, 200; KRW 10,00 on May 14, 200; KRW 10,000 on May 10, 2015; KRW 10,000 on May 10, 200; KRW 10,00 on May 10, 2015; KRW 10,000 on May 10, 200; and KRW 10,501 on May 10, 2015.

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