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(영문) 울산지방법원 2020.07.09 2019나14714
계약금반환 등 청구
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. The reasoning of the court's explanation concerning this case is as follows, except for the addition of "additional Judgment" to the defendant's Additional Claim at the trial, the reasoning of the judgment of the court of first instance is as stated in the part of the reasoning of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Defendant asserts that, on January 7, 2019, the Plaintiff submitted to the Defendant on January 7, 2019, the Plaintiff’s application form for withdrawal of the regional housing association (hereinafter “application form for withdrawal”) contains the Plaintiff’s waiver of right or the Plaintiff’s partial agreement, and thus, the Plaintiff’s claim for refund of the Plaintiff’

B. In full view of the purport of the entire pleadings in the statement in Eul evidence No. 8, the plaintiff signed and sealed the application for withdrawal of this case on January 7, 2019 and submitted it to the defendant. The above application for withdrawal is written in the same letter as follows: "I, on the ground that the above person himself/herself applies for withdrawal from his/her membership, on the grounds of his/her membership in the Nam-gu Seoul Metropolitan City District Housing Association, and I will waive his/her claim for all of the service charges and charges that he/she has paid, and then will not thereafter raise any civil or criminal objection due to the withdrawal of a member." The plaintiff can recognize the fact that "project delay" is written in the above part.

In light of the following circumstances acknowledged by the record, the application for withdrawal of this case does not have effect to the plaintiff, so the defendant's above assertion is without merit.

① In the case of deprivation of membership, such as withdrawal, deprivation of qualification, expulsion, etc., if a member notifies in writing the head of the cooperative of his/her intention to withdraw, the withdrawal shall be determined by the resolution of the general meeting or the board of representatives (Article 12(1) of the Rules of this case). On the other hand, in the case of deprivation of membership, if he/she does not fall under the qualifications prescribed by the relevant statutes and

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