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(영문) 창원지방법원 2020.10.15 2019가합57513
조합원지위확인 등의 소
Text

Plaintiff

A and E, from October 8, 2019, respectively, and from October 10, 2019 to October 10, 2019, respectively, respectively, and from October 11, 2019 to October 11, 2019, respectively.

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 February 2019, the plaintiffs A paid the interest on the amount of 3,060,816 won, and the interest on the amount of 3,067,528 won, respectively, to financial institutions from July 2018 to July 2019.

Plaintiff

Details of payment A 100,920,00 won on May 9, 2015; 10,000 won on April 28, 2015; 15,810,000 won on May 8, 2015; 14,300,00 won on administrative services; 25,810,000 won on July 10, 2015; 35,000 won on May 10, 2016; 10,000 won on May 10, 205; 10,000 won on June 29, 200; 35,000,000 won on June 29, 2016; 10,000 won on June 30, 200, 100,000 won on June 10, 2015;

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