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(영문) 부산지방법원 2019.11.21 2018가단332572
분담금 반환 청구의 소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant C Regional Housing Association (hereinafter “Defendant Association”) as the Defendants’ status is a regional housing association that promotes the new construction and sale of multi-family housing by using one of the E units in Ulsan-gu, Ulsan-gu as a project site, and obtained authorization from the head of the Gu in Ulsan Metropolitan City on August 24, 2017. Defendant D Company (hereinafter “Defendant Company”) is a company that manages the share of expenses, etc. that the Defendant Association received from its members after concluding a trust agreement with the Defendant Association.

B. On September 8, 2016, the Plaintiffs entered into the instant partnership joining agreement between the Plaintiffs and the Defendant Partnership (hereinafter “instant partnership joining agreement”) with each of the following parties: (a) the Plaintiffs entered into a partnership joining agreement between the Defendant Union and the Defendant Union on the condition that the Plaintiffs would purchase one apartment unit after joining the Defendant Union as a member of the Defendant Union and thereafter establish an apartment unit by specifying the number of houses (hereinafter

(2) On September 8, 2016 and September 23, 2016, the Defendant Cooperative paid each of the contributions of KRW 37 million and KRW 50 million in total, including agency expenses of KRW 13 million.2) On the other hand, the provisions on the withdrawal, etc. of a partner under each of the contracts to join the cooperative of this case concerning the withdrawal, etc. are as follows.

[Article 11 (Refund of Membership's Withdrawal)]

1. A member who intends to withdraw from a cooperative shall file an application in accordance with the prescribed form of the cooperative 15 days prior to the date of withdrawal, and the head of the cooperative shall determine whether to withdraw from the cooperative by the general meeting

2. The deadline for refund of contributions shall be limited to the principal of the contributions paid at the time of the completion of the payment of contributions after joining a new association member who succeeds to the obligation of rights, and the agency expenses shall not be refunded.

C. Relevant provisions such as the Enforcement Decree of the Housing Act relating to this case are as follows:

(1) A person eligible for membership of a housing association under Article 11 of the Act shall be any of the following persons:

Provided, That it shall be due to the death of a member.

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