logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.02.19 2019가단1137
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a regional housing association under the Housing Act established in order to promote a housing construction project (hereinafter “instant project”) in Ulsan-gu, Ulsan-gu, and was established as a regional housing association with the authorization of establishment from the head of Ulsan-gu, the head of the Gu on April 8, 2016.

The plaintiff is a member of the defendant union.

B. Of the rules of the Defendant Union’s association (hereinafter “the rules of the Defendant”) relating to the instant case are as follows.

The meaning of terms used in Article 7 (Definition of Terms) of the Rules of the Defendant is as follows:

4. Charges: The amount paid by members to implement the projects of the cooperative, such as operating expenses of the cooperative, land purchase expenses, construction expenses, etc.;

5. Expenses for services of unions: An amount set at the service expenses of the service enterprises of unions. Article 10 (Rights and Duties of Members) (2) Members shall have the following obligations:

1. Obligation to pay charges (expenses for operation of cooperatives, land purchase expenses, construction expenses, project expenses, etc.), work service expenses, land ownership transfer expenses, taxes, other charges, etc.;

2. Article 23 (Matters to be Resolved by General Meeting) (1) The following matters shall be determined through a resolution of the general meeting:

2. Borrowing of funds and method thereof, interest rate, and method of repayment;

7. Other details of allocation for each member of the project expenses; 11. Other matters which require a resolution of the general meeting under the housing-related Acts and subordinate statutes, this Code, or the conditions of authorization for the establishment of the association, shall be raised for the operation of the association and for the execution of its projects,

1. Charges paid by members;

3. Loans procured by a cooperative, a business consultant, or a contractor;

7. In cases where the payment of contributions by members is delayed and the overall progress of the project is not fair, necessary funds may be borrowed from the temporary measure and financial rights after a resolution of the board of directors is passed.

Provided, That interest on borrowings shall be settled by members and shared.

C. The Defendant holds a meeting around May 15, 2016.

arrow