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(영문) 대구지방법원 2020.03.19 2019가단138440

분담금 반환 청구의 소

Text

1. The defendant is from March 20, 2020 to Plaintiff A with respect to KRW 7050,00 and KRW 2,196,00 and each of the said money.

Reasons

1. Facts of recognition;

A. The defendant's status (1) The defendant is a non-corporate body established pursuant to the Housing Act to operate a housing construction project in Daegu Dong-gu D.

B. The Plaintiffs’ accession (1) Plaintiff A (A) joined the Defendant’s membership in order to purchase a house with a size of 84 square meters on July 15, 2017.

The charges to be paid were KRW 340 million (including agency expenses of KRW 10 million).

(B) The Plaintiff transferred the sum of KRW 50,1150,000 (including agency expenses of KRW 10,000) to the account designated by the Defendant.

(2) On July 21, 2017, Plaintiff B (A) joined the Defendant’s membership to purchase a house with a size of 59 square meters wide from July 21, 2017.

The charges to be paid were KRW 240,3920,000 (including agency expenses of KRW 10,000).

(B) Plaintiff B transferred total of KRW 36,588,00 (including agency expenses of KRW 10 million) to the account designated by the Defendant.

(c) Qualification requirements for union members under Article 8 (Qualification for union members) of the rules of the plaintiffs' deprivation of qualification mean qualification requirements for union members under the Housing Act, and are as follows:

1) As a householder of a household who did not own a house from the date of application for authorization to establish the association until the date of occupancy of the relevant association housing, the member’s eligibility to withdraw is automatically lost.

Plaintiff

A, September 6, 2019, and Plaintiff B, respectively, in the same month.

9. Husband was disqualified as the husband changed to the householder.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. Determination:

(a) Determination as to the cause of claim: (4) With respect to a person who loses the status of a union member due to withdrawal, loss of qualification for union member, expulsion, etc., the balance calculated by deducting the prescribed common contributions from the paid-in amount paid by the union member shall be paid within 30 days from the date of the claim for refund, but shall be deducted by the resolution of the general meeting.

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