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(영문) 대구지방법원 2019.07.09 2018가단128453
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established to promote a housing construction project pursuant to the Housing Act and its Enforcement Decree with a large scale of Daegu Suwon-gu C as a project implementation district; holds an inaugural general meeting on March 15, 2015; and obtained authorization for the establishment of the housing association from the head of the Si/Gun/Gu on June 9, 2015.

B. On December 29, 2014, the Plaintiff entered into an agreement with the Defendant to join a cooperative member with the total amount of KRW 440,00,000 (hereinafter “instant agreement”) and paid the share of KRW 154,00,000 in total, including the subscription money of KRW 5,00,000,000 as of December 29, 2014, and the down payment of KRW 39,000,000 as of December 25, 2014, and the down payment of KRW 44,00,000 as of March 25, 2015, and the share of KRW 66,00,00,000 as of June 21, 2015.

C. The Defendant, at the special meeting held on October 15, 2017, determined the shares to be additionally paid by its members (hereinafter “additional shares”) to 319,00,000 won (250,000 won when the sale price was not applicable under the upper limit system) and decided to enter into an agreement for the alteration of its membership that reflects the agreement. According to the modified agreement for the alteration of its membership, according to the above changed agreement, the Defendant decided to pay the shares initially 2 through 6th (60%) with interest-free loans, the second and third shares should be paid in cash, and the shares of the first 4 through 9th 9th nives (Na money) shall be paid through interest-free intermediate payments, and the interest accrued therefrom shall be borne by each member at the time of occupancy.

The Plaintiff refused to enter into a contract for the change of membership and pay additional contributions, and the Defendant held a board of representatives on October 11, 2018 and resolved to dismiss the Plaintiff from the Plaintiff’s member on the ground that the Plaintiff failed to perform its member’s obligations.

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

Article 1 (Definitions and Purpose)

1.The Project shall be the housing of its members to promote the stabilization and improvement of the residential life which is the causes of the lodging of its members.

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