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(영문) 울산지방법원 2020.11.26 2019나11241

매매대금반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Defendant is a regional housing association established by the head of Ulsan Metropolitan City North Korea on September 18, 2015 with the authorization to establish a housing association from Ulsan Metropolitan City North Korea, in order to promote a housing construction project (hereinafter “instant project”) in accordance with the Housing Act and subordinate statutes.

B. On November 6, 2014, the Plaintiff entered into a contract with the Defendant’s Promotion Committee (a comprehensive succession of all the rights and obligations of the Promotion Committee by being established after obtaining authorization for establishment as above) and the Plaintiff’s membership (hereinafter “instant subscription contract”) and paid the Defendant KRW 11,00,000,000 for the first down payment, the second down payment 11,000,000,000 for the second down payment, and KRW 16,000 for the third down payment, according to the instant subscription contract.

(The amount paid in the name of business promotion expenses among the respective amounts paid by the plaintiffs shall be the total of KRW 12 million among the 1 and 2 of each down payment.

The Plaintiff was in the position of the householder at the time of entering into the instant subscription agreement, but on February 5, 2018, the Plaintiff lost the status of the householder by changing the resident registration to a member of the household.

On the same day, the Plaintiff sent to the Defendant a certificate of content that “the remainder of KRW 26,00,000,000, excluding KRW 12,000,000, which was paid by the Plaintiff on the ground of the Plaintiff’s loss of membership as the Plaintiff’s member, shall be paid within 30 days,” and the said certificate was served to the Defendant around that time.

The Enforcement Decree of the Housing Act, the Enforcement Rule of the Housing Act, and the defendant's covenant of association (hereinafter referred to as the "Rules of this case"), and the contents of this case related to this case are as follows.

(1) Persons eligible for membership of a housing association under Article 11 of the Act shall be as follows:

Provided, That a person who succeeds to the status due to the death of a member may become a member, notwithstanding the following requirements:

1. Members of a regional housing association: The following requirements: