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(영문) 울산지방법원 2020.12.17 2020가합15566

부당이득금

Text

The plaintiff's primary claim is dismissed.

The plaintiff confirms that he is not a member of the defendant.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established with the authorization to establish a housing association in order to promote a joint housing construction project (hereinafter “instant project”) in Ulsan-gun C in accordance with the Housing Act and its Enforcement Decree in Ulsan-gun C.

B. On October 18, 2015, the Plaintiff entered into a contract with the Defendant as a member of the Defendant (hereinafter “instant subscription contract”) and paid the Defendant the total amount of KRW 36 million, including the agency cost of KRW 11 million and the contributions of KRW 25 million.

C. The part related to the instant case in the Defendant’s covenant of association (hereinafter “instant covenant”) is as follows.

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

4. Contributions: All amounts paid by partners to unions to implement projects, such as operating expenses of unions, land purchase expenses, and construction expenses;

8. Agency expenses: The amount paid to the agency agency for the affairs of a cooperative, shall refer to the qualification requirements for the members of a cooperative as prescribed in the Housing Acts and subordinate statutes, and the following matters:

1. A householder who fails to own a house from the date of application for 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 of

(i) Where a member of a housing association temporarily loses his/her eligibility for the head of a household due to unavoidable reasons, such as service, disease, medical treatment, study, marriage, etc., it shall be deemed that he/she has qualifications for membership;

2. A person who has resided in Ulsan Metropolitan City, Busan Metropolitan City, or Gyeongnam-do as of the date of application for authorization for the establishment of a housing association for at least six months under Article 12;

1. No member may withdraw from a cooperative at will;

Provided, That the member intends to withdraw from the partnership due to unavoidable reasons.

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