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(영문) 부산지방법원 2018.06.20 2016가단357454
보관금 반환
Text

1. The Defendant does not limit the balance of the Fund Management Account to the Plaintiff and the Plaintiff’s KRW 29,820,000 on May 2, 2014.

Reasons

1. Facts recognized;

A. The regional housing association promotion committee of B (hereinafter “instant association promotion committee”) was established for the newly-built project of the 6-dong and 998 household units on the ground of Busan Shipping Daegu and 75 parcels (hereinafter “instant association promotion committee”). On September 19, 2014, the Defendant is a company that entered into a contract on the instant association’s promotion committee and the beneficial tiny Dydi C Co., Ltd., the agent for the implementation of the instant project, and the fund management agency contract (hereinafter “instant agency contract”).

B. D entered into a membership agreement with the instant association promotion committee on April 9, 2014, and thereafter, on May 2, 2014, the Plaintiff and the instant association promotion committee changed the name of the said contractor to the Plaintiff and entered into a new membership agreement (hereinafter “instant membership agreement”).

Accordingly, D and the Plaintiff paid the amount of KRW 10,00,000 on April 10, 2014, and KRW 19,820,000 on May 1, 2014, and KRW 29,820,00 on the aggregate to the Promotion Committee of the instant association as the partnership contributions.

C. An application for authorization to establish a housing association submitted by the committee of promoters of the instant case was returned as of March 3, 2015. The grounds for return revealed by the competent authority are ① the lawful right to use the site for the housing construction project, ② the violation of the standards for the maximum height of buildings for each block (42m), ③ the application for approval of a project plan already submitted by the committee of promoters, and did not meet the legitimate requirements for a joint project under Article 10 of the Housing Act, ④ the procedures for selecting the new promotion committee chairperson after the death of the promotion committee chairperson, ⑤ the apartment club number was unfairly designated.

The committee of promotion of the association of this case shall take any measure even after the application for authorization to establish the association is rejected until the objection and the administrative litigation period can be disputed.

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