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(영문) 울산지방법원 2019.07.16 2018가단72897

기타(금전)

Text

1. As to the Plaintiff (Appointed Party)’s KRW 65,890,00, and KRW 66,156,000 and each of the said money to the appointed parties C. < Amended by Presidential Decree No. 24200, Jan. 1, 2019>

Reasons

1. Basic facts

A. On September 25, 2015, the Defendant entered into an association membership agreement with the Defendant (hereinafter “the instant contract”) and paid contributions and work costs as indicated below. The Defendant was a regional housing association that obtained authorization for the establishment of an association for the purpose of the sale of new apartment units in Ulsan-gu D, Ulsan-gu under the Housing Act. The Plaintiff and the Appointed C (hereinafter “Appointed”) entered into an association membership agreement with the Defendant as indicated in the following table:

Article 3 of the contract for joining an association prepared at that time provides, “The amount of payment for the union members shall be refunded after the settlement of expenses, and the service charges shall not be refunded, in addition, the time of repayment shall be determined in accordance with the rules of the association and the provisions of the trust company.”

(2) On December 15, 2014, Plaintiff 1: (a) KRW 10 million on December 15, 2014 (including service charges of KRW 5 million); (b) KRW 20 million on January 18, 2015 (including service charges of KRW 5 million); (c) KRW 21,156,00 on June 25, 2015; (d) KRW 21,734,00 on August 30, 2016; and (e) KRW 76,890,000 on March 17, 2017; and (e) KRW 6.5 million on January 2, 2015 (including KRW 6.6 million on January 25, 2015; and (e) KRW 6.5 million on August 25, 2015 (including KRW 6.6 million on January 205, 2005).

B. The main contents of the Defendant Union’s bylaws (hereinafter “instant bylaws”) are as follows.

Article 7 (Definition of Terms) The meaning of terms used in this Code shall be as follows:

1. Operational expenses of the partnership: The amount paid by the partners for the operation of the partnership office, salaries of officers and employees, and other expenses;

2. Land purchase cost: The amount paid by partners to purchase the land subject to the project site;

3. Construction cost: An amount paid by its members as the direct or indirect construction cost for construction;

4. Charges: Operation expenses of cooperatives, land purchase expenses, and construction expenses;

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