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(영문) 울산지방법원 2021.01.13 2019가단118103

기타(금전)

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On April 2015, the Plaintiffs entered into a contract with the Committee for Promotion of Regional Housing Association (hereinafter “Promotion Committee”) (tentative name) (hereinafter “instant agreement”) to join as a member of the Regional Housing Association (hereinafter “instant agreement”) to be established after drilling with the said Committee (hereinafter “Promotion Committee”).

B. 1) The column for supply “A” of the instant agreement to join the cooperative is indicated as “A” in the “A” column for the instant agreement to join the cooperative, and the “A” schedule for the instant agreement to share the amount of KRW 221,560,000, including the total amount of payment, KRW 10,000,000,000,000, which may be changed according to the progress of the project.

“.......”

2) Article 3 of each of the instant agreements to join the cooperative is repaid after the settlement of expenses, and the office expenses are not refunded. The office expenses are not refunded.

In addition, the time of repayment is determined in accordance with the union's rules and the trust company's articles.

“.......”

(c)

Under each of the instant agreements, the Plaintiffs paid KRW 95,856,000, respectively, according to each of the instant agreements for membership.

(d)

On September 2015, the Defendant was established as a regional housing association with the authorization of the establishment of a housing association from the head of the Nam-gu Seoul Metropolitan City, Ulsan Metropolitan City, and succeeded to the rights and obligations under the contract entered into by the promotion committee.

The parts related to the instant case in the Defendant’s union bylaws (hereinafter “instant union bylaws”) are as follows.

Article 10 (Rights and Duties of Members) (2) Members shall have the following obligations:

1. Article 12 (Withdrawal, Loss of Qualification, and Expulsion of Membership) (1) No member of a cooperative may withdraw from the cooperative at his/her discretion;

Provided, That a cooperative shall be a member of the cooperative due to unavoidable circumstances.