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(영문) 울산지방법원 2019.02.13 2018가단64780
매매대금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 36,00,000 and the interest rate of KRW 15% per annum from August 18, 2018 to the day of complete payment.

Reasons

1. The Defendant is a regional housing association under the Housing Act, which was established after obtaining authorization from the competent authority on April 3, 2015 for the purpose of implementing a housing construction project in Ulsan-gu D Day.

[1] On July 2014, the Plaintiff entered into a partnership agreement with the Defendant (hereinafter “Defendant”) (hereinafter “Defendant”) on the following grounds: (a) the Defendant entered into a partnership agreement with the Defendant (hereinafter “Defendant”); (b) and (c) the Defendant was established after obtaining authorization for establishment as above; and

[A] Under the above contract, the Plaintiff paid to the Defendant the sum of KRW 36 million in total and KRW 10 million in total.

According to the membership agreement (paragraph (3) and Article 12 of the Code of the Mutual Association, a person who is not qualified as a cooperative member under relevant Acts and subordinate statutes and this Code shall automatically lose his/her membership (paragraph (2)). A person who loses his/her membership due to the forfeiture of his/her membership shall pay the balance calculated by deducting the amount paid as a promotion fund from the amount paid by the union member paid to the person who loses his/her membership from the forfeiture of his/her membership, within 30 days from the

(4) The provisions of subsection (4) are specified.

In addition, according to Article 8 of the union rules, "qualification requirements for union members mean the qualification requirements for union members prescribed by the Housing Act and are as follows:

The main text of the Act provides that "the head of a household who does not own a house from the date of application for the authorization for the establishment of a housing association to the date of occupancy of the relevant housing association or who owns a house with an exclusive residential area of not more than

However, the Plaintiff acquired the ownership of one bond on August 24, 2017, and the exclusive residential area was at least 110.5 square meters in total (=5.83 square meters in one story + 54.67 square meters in two stories + 54.67 square meters in two stories). (A) The fact that is above [6]. The fact that is above 6] is not less than 10.0 square meters in addition to o

2. According to the above facts of recognition, the Plaintiff shall have one debt with an exclusive residential area of at least 85 square meters.

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