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(영문) 수원지방법원 2017.07.13 2016나76381
조합원분담금 반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. In order to newly construct “A regional housing association apartment” (hereinafter “instant association apartment”) in Pyeongtaek-si D, the Defendant is a cooperative that obtained authorization to establish the association on October 18, 2013 pursuant to the Housing Act and completed the establishment registration on November 7, 2013, and the Plaintiffs are members of the Defendant to purchase the instant association apartment.

B. In around 2012, the Plaintiffs entered into an agreement with the “C Regional Housing Association” and the “C Regional Housing Association” under the title prior to authorization for the establishment thereof and entered into an agreement to enter into an association with each of the following terms: (a) and (b) paid KRW 23,890,000 as part of the members’ charges to the “C Regional Housing Association”.

On October 26, 2014, the Plaintiffs returned the existing agreement to join the association at the request of the Defendant who succeeded to the rights and obligations of the “C Regional Housing Association”, and again entered into an agreement to join the association with the Defendant (hereinafter collectively referred to as the “instant agreement to join the association”). Article 1 of the subscription agreement [general provisions] of the Housing Act, Articles 32, 38, and 39 of the Enforcement Decree of the same Act, and Article 18 of the Enforcement Rule of the same Act, the members of the association shall delegate all of the business affairs to the association as the qualified members of the housing association who are provided for in Article 32 of the Housing Act, Article 38 of the Enforcement Decree of the same Act, and Article 18 of the Enforcement Rule of the same Act, and shall promote the business in an undetermined state of approval for the business, so the PNT Development Co., Ltd. shall make a general business PM service (project management for the entire business affairs) to the members of the association.

Article 7 (Contributions to Members) Members shall pay contributions to members as follows:

A TYPE is a housing-type 84 square meters (A TYPE unit: 22,00 22,000 231,002,00 230 231,002 230 22,002,00 232,00 32,00 3 or 9,000 241,90 240 3 or 9,00 241,90 250 250 9,90.

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