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1. As to the Plaintiff A’s KRW 44,00,00, and KRW 36,000,000 for each of the said money and each of the said money to the Plaintiff B, C, and D.
Reasons
1. Basic facts
A. The Defendant is a regional housing association under the Housing Act established to promote a housing construction project (hereinafter “instant project”) within the Blsan-gu, Ulsan-gu.
B. The Plaintiffs joined the Defendant’s association as a member with the Defendant’s promotion committee and lost the status of the householder after paying the business promotion expenses and the payment to the Defendant as indicated in the following table.
A C BD
C. Paragraph (3) of the written application for membership between the Plaintiffs and the Defendant Promotion Committee provides that “The full amount of the down payment for the members to be refunded due to reasons such as the lack of membership qualification shall be refunded, and the business promotion expenses shall not be refunded. In addition, the date of refund shall be determined in accordance with the rules of the association and the trust company.” Article 8 Paragraph (1) of the Rules of the Defendant Cooperatives (hereinafter “Rules of this case”) provides that “the head of a household who does not own a house from the date of application for authorization for establishment of the association to the date of the occupancy of the association or owns a house with an exclusive residential area of not more than 85mm2 from the date of application for establishment of the association to the date of the occupancy of the association or who owns a house with an exclusive residential area of not more than 85m2,” and Article 12 Paragraph (2) provides that “The membership qualification of a person who does not fall under the qualification of the association member shall automatically lose, lose the membership qualification by withdrawal, loss, expulsion, etc.” Paragraph (4) provides that “the payment shall be made within 30 days.”.
From December 2, 2018 to January 2019, the Plaintiffs sent each content verification demanding the return of the remaining amount excluding business promotion expenses, on the grounds that the Plaintiffs lost the status of the householder and lost the eligibility as a member of the Defendant’s association. The above content certification is the same.