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(영문) 울산지방법원 2020.10.07 2019가단124962

분담금반환

Text

1. The plaintiff's claim is 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 with the authorization to establish a housing association from the head of Ulsan Metropolitan City North Korea on October 27, 2015 in order to promote a project for constructing multi-family housing (multi-family housing) (hereinafter “instant project”) pursuant to the Housing Act and subordinate statutes on the north-gu, Ulsan-gu, and 92 parcel.

B. On June 25, 2015, the Plaintiff entered into a contract with the Defendant as a member of the partnership (hereinafter “instant agreement”), and accordingly, paid the Defendant totaling KRW 8,000,000 among the members’ contributions, and KRW 83,00,000,000 among the administrative service charges.

C. The main contents of the Defendant’s covenant, which was enforced from October 27, 2015, the Defendant’s authorization date for establishment of the association (hereinafter “instant covenant”) are as follows.

Article 8 (Qualification of Members) Qualification requirements for members of a cooperative shall mean qualification requirements for members prescribed by the Housing Act and subordinate statutes, and shall be as follows:

Provided, That where housing (related Acts and subordinate statutes) is changed, it shall be changed.

1. A householder who fails to own a house from the date of application for the authorization for the establishment of a housing association to the date possible to move into the relevant housing association, or who owns one house with an exclusive residing area

(i) Where a housing association member temporarily loses his/her eligibility for the head of a household due to extenuating circumstances, such as service, medical treatment of a sick person, study, marriage, etc., he/she shall be deemed to be a member;

2. A person who resides in the relevant area (referring to the Ulsan Metropolitan City, Busan Metropolitan City, and Gyeongnam-do) for at least six months as at the date of application for the authorization for the establishment of a housing association;

(1) No member may withdraw from a cooperative at his/her discretion;

Provided, That when a member intends to withdraw from an association due to unavoidable reasons, he/she shall notify the head of the association of his/her intention in writing 15 days prior to the withdrawal, and the head of the association shall decide whether to withdraw from the association.

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