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(영문) 울산지방법원 2018.09.21 2017가단70450

분담금 반환

Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from December 21, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The defendant's establishment and the plaintiff's joining 1) The defendant's housing construction project (hereinafter "the project of this case") under the Housing Act and subordinate statutes in Ulsan-gu D D D.

(2) On October 27, 2015, the Plaintiff is a regional housing association established with the authorization of the establishment of a housing association from North Korea in Ulsan Metropolitan City with the approval of the head of the Gu. 2) The Plaintiff entered into an agreement (hereinafter “instant agreement for joining the association”) with the Defendant as the Defendant’s members. Article 2 of the application for joining the association at that time stipulates, “When the amount of the association’s payment is refunded for reasons such as disqualified for membership (disqualification), withdrawal from the association (cancellation, cancellation, failure to implement the association), etc., the down payment shall be refunded after the settlement of the expenses, and the service fee 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.”

3) Under the instant agreement to join the association, the Plaintiff paid KRW 10 million to the Defendant as the first down payment and administrative service cost (a contract deposit of KRW 5 million, administrative service cost of KRW 5 million, and KRW 5 million), the second down payment and administrative service cost of KRW 27.5 million (a contract deposit of KRW 17.5 million, administrative service cost of KRW 17.5 million, and the third down payment) and KRW 27.5 million.

The purpose of this Code is to provide for the matters necessary for the project of the C Regional Housing Association under the Housing Act, to protect the rights and interests of its members, and to facilitate the implementation of the project, to ensure stability in the housing of its members. The meaning of the terms used in the Definition of Terms is 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: subject to the project site; and

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