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(영문) 울산지방법원 2020.05.27 2019가합14772

기타(금전) 청구의 소

Text

1. The Defendant’s KRW 45,105,00 for the Plaintiff and the following: 5% per annum from September 2, 2019 to May 27, 2020 for the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established to promote a housing construction project under the Housing Act in Ulsan-gu, Ulsan-gu C.

B. On October 27, 2015, the Plaintiff entered into a contract with the (tentative name) regional or regional housing association that is the Defendant’s promotion committee and the Defendant’s members of the Defendant with the supply value of 372,950,000 square meters of apartment units (hereinafter “instant subscription contract”) to be constructed as the said project, and paid KRW 82,40,000,000 in total with the share of KRW 67,40,000 for administrative services costs and KRW 15,00 for administrative services costs.

C. The part relating to the instant accession agreement is as follows.

(tentative) B Regional Housing Association B: Plaintiff ED GI JH HF F / [harm and damage compensation] ① Upon the occurrence of an act falling under any of the following subparagraphs, Party A may terminate the contract immediately without taking the peremptory notice of performance or other separate measures. In this case, Party B is disqualified as a member of the housing association, and Party B cannot raise any civil or criminal objection.

5. When he loses his eligibility as a housing association in accordance with the relevant Acts and subordinate statutes and regulations. (3) When he loses his eligibility as a housing association or withdraws from the association because he falls under paragraphs (1) through (2) of this Article, the amount of money calculated by subtracting 10% of the contract amount from the contributions paid by Eul to the association or the operation expenses for the promotion of the association shall be disposed of by refund to the account of the head of the Tong, and the time of refund shall be the refund kis when the deposit is completed by substitution

However, there shall not be a refund where the expenses for part payments, other overdue interests, etc. exceed the paid amount.

Article 16 [Other] ① This contract and (tentatively named) B of the Regional Housing Association shall have complementary effects, and this contract shall take precedence in the case of conflict between the contract and the bylaws of the Association.

On May 30, 2017, the defendant was established as a regional housing association with the authorization to establish a housing association, and the defendant's promotion committee is established.

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