Subject of Dispute: Return of Equity Contributions in Connection with Termination of a Participation Agreement in Construction between an Individual and a Housing Construction Cooperative.
Main Arguments of the Court:
1. The Participation Agreement in Construction dated January 26, 2007, was terminated by the court due to significant violations of the contract terms, which gives the plaintiff the right to demand the return of paid funds.
2. The Court deviated from previous practice and clearly defined that disputes between an associated member of a service cooperative and the cooperative regarding the payment of equity contributions should be considered under civil proceedings, not commercial proceedings.
3. The entry contribution is not subject to return, as it relates to the indivisible fund of the cooperative and is the property of the cooperative.
Court Decision: Uphold the decisions of previous instances regarding the recovery from the cooperative in favor of the plaintiff of 55,857.14 US dollars in equity contributions.
