Text
1. The Defendant’s KRW 250,000,000 as well as the Plaintiff’s annual rate of 5% from July 29, 2017 to May 3, 2018.
Reasons
1. Facts of recognition;
A. The defendant is a regional housing association established to build housing in Seongdong-gu Seoul Metropolitan Government C Group.
On April 17, 2012, the Plaintiff subscribed to the Defendant’s membership, and paid KRW 250 million to the Defendant as a contribution and business promotion expenses (hereinafter “instant contribution”).
B. The Plaintiff requested the Defendant to return the instant contribution on the ground that the Defendant’s business did not run.
On January 27, 2013, the Defendant drafted and issued a written confirmation (hereinafter “instant written confirmation”) to the Plaintiff on January 27, 2013, stating that “If the procedures for authorization, permission, etc. for commencing the construction period for the first half of the year 2013 are not completed, the Plaintiff shall refund the instant contribution amounting to KRW 250 million paid by the Plaintiff.”
C. The defendant shall not have acquired authorization or permission for housing projects until the date of the closing of the argument in this case.
Article 12 (Withdrawal/Disqualification of Members) A member of a cooperative may not withdraw from the cooperative at will: Provided, That where a member intends to withdraw from the cooperative due to an inevitable cause, he/she shall notify the head of the cooperative of his/her intention in writing not later than one month, and the head of the cooperative shall determine whether to withdraw from the cooperative by resolution of the board of directors. (d) Meanwhile, Article 12(1) of the Defendant’s Rules provides for the following matters concerning the withdrawal of a member of the cooperative:
2. Determination
A. According to the above facts of recognition as to the cause of claim, since the Defendant failed to obtain authorization or permission for housing projects until the first half of 2013 as set forth in the letter of confirmation of this case, it is obligated to refund the Plaintiff the instant contribution KRW 250 million to the Plaintiff.
B. The judgment on the defendant's assertion (1) The defendant did not complete the procedure for the plaintiff's withdrawal as stipulated in Article 12 (1) of the defendant's rules, and thus the defendant is not obligated to refund the contribution of this case.