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(영문) 울산지방법원 2019.12.18 2019가단120700
계약금 등 반환 지급명령
Text

1. The Defendant shall pay to the Plaintiff KRW 64,00,000 and the interest rate of KRW 12% per annum from October 7, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant is a regional housing association established on April 3, 2015 with the authorization for the establishment of a housing association in order to promote a housing construction project (hereinafter “instant project”) pursuant to the Housing Act and subordinate statutes in Ulsan-gu, Ulsan-gu C.

B. Around August 2014, the Plaintiff entered into a contract with the Defendant’s Promotion Committee, which the Plaintiff joined as the Defendant’s partner (hereinafter “instant contract for joining the association”). Under the instant contract for joining the association from July 14, 2014 to December 22, 2014, the Plaintiff paid KRW 54,000,000, including indirect official business expenses, to the Defendant in total, and around February 27, 2019, additionally paid KRW 20,000,000 under the said contract for joining the association.

C. Article 3 of the Agreement on the Subscription of the Association, prepared at the time, provides that “The full amount of the payment for the Union members shall be refunded, and the business promotion expenses shall not be refunded. In addition, the time of the refund shall be determined in accordance with the Regulations of the Association and the provisions of the Trust Company.”

Article 7 (Definition of Terms) The meaning of terms used in this Code shall be as follows:

1. Operational expenses of the partnership: The amount paid by the members of the partnership in order to use them for the operation of the partnership's office, salaries of officers and employees, and other expenses;

4. Charges: The amount of all the expenses paid by members of a cooperative to implement the projects of the cooperative, such as operating expenses of the cooperative, land purchase expenses, and construction expenses, shall be the qualification requirements for members under Article 8 (Qualification for Members) shall be as follows:

1. Cases of a regional housing association:

(a) A householder who fails to own a house from the date of application for the authorization for establishment of a housing association to the date possible to move into the relevant housing unit or who owns a house with an exclusive residential area not exceeding 85§³

(i) a member of the housing association;

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