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(영문) 대구고등법원 2018.04.19 2017나22552
계약금반환등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On April 13, 2015, the Defendant obtained authorization for the establishment of a housing association (hereinafter “construction site area”) from the head of Si/Gun/Gu on June 30, 2015 as a regional housing association established to promote a housing construction project (hereinafter “instant project”); and on April 13, 2015, the Defendant obtained authorization for the establishment of the housing association (from June 30, 2016 to August 30, 2019) from the head of Si/Gun/Gu on June 9, 2015.

B. Around December 2014, the Defendant recruited new members for the purpose of selling a newly constructed apartment house on the site of the instant project through the inaugural general meeting. Around January 2015, the Defendant recruited members through the recruitment procedure for general members.

C. The Plaintiffs concluded a membership agreement with the Defendant (hereinafter “instant membership agreement”) and paid the relevant contributions (hereinafter “each of the instant contributions”) as indicated below.

Plaintiff

A. 40,000 on May 24, 2015.6. 13, 2015.6. 161,000 on June 13, 2015. 36,00 36,00 46,00; 69,00 on April 21, 200; 40. 8. 40. 18. 18. 40,00 on April 21, 200 on May 20, 2015; 40. 40. 5. 20,00 on May 18, 2015; 40. 40. 40. 5. 20. 40,00 on May 18, 2015; 19. 4. 16. 8. 4, 2015 on May 6, 2015;

D. The main contents of the instant subscription agreement are as follows.

조합원 가입계약서 ◆ 목적물의 표시 : 대구광역시 수성구 G 일원 제1조 (정의 및 목적)

1.The Project shall, in supplying the housing of its members for the stabilization and improvement of the residential life which is the cause of the members, raise and operate the funds for the Project and carry out other necessary projects.

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