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(영문) 울산지방법원 2018.07.04 2017가합21608
환급금 등 청구
Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of 5% from May 5, 2017 to July 4, 2018.

Reasons

1. Basic facts

A. The defendant's establishment and the plaintiff's joining 1) The defendant's housing construction project (hereinafter "the project of this case") under the Housing Act and subordinate statutes in Ulsanbuk-gu C.

On October 27, 2015, the regional housing association is established with the authorization of the establishment of the housing association from the head of the North Korea in Ulsan-gu, Ulsan-do. (2) On June 24, 2015, the Plaintiff entered into a contract (hereinafter “instant association subscription contract”) with the Defendant as a member of the association (hereinafter “instant association subscription contract”). Article 2 of the union subscription contract at that time stipulates, “In the event of refund, the down payment shall be refunded after the settlement of expenses, and the cost of business services shall not be refunded.” In addition, the time of refund shall be determined by the rules of the association and the provisions of the trust company.”

3) The Plaintiff paid the Defendant the administrative service cost of KRW 15,00,000 ( KRW 10,000 for the second 5,000,000 for the second 10,000 for the contract deposit), KRW 50,000 for the down payment ( KRW 17,500 for the second 17,50,000 for the second 17,500 for the third 27,500 for the third 17,000 for the third 27,000 for the first 27,000 for the Defendant’s association establishment approval (hereinafter “instant covenant”).

The purpose of this Code is to provide for the matters necessary for the project of a regional housing association under Article 2 (Purpose) of the Housing Act, to protect the rights and interests of its members, and to facilitate the implementation of the project, thereby stabilizing the residential life of its members. The meaning of the terms used in this Code is as follows:

1. Operational expenses of the partnership: The amount paid by the partners for the operation of the partnership office, salaries of officers and employees, and other expenses;

2. Land purchase cost: The amount paid by partners to purchase the land subject to the project site;

3. Construction cost: Construction;

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