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(영문) 울산지방법원 2020.08.20 2019나14295
계약금반환 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established to promote a housing construction project under the Housing Act (hereinafter “instant project”) in Ulsan-gu Seoul District District.

B. On September 21, 2015, the Plaintiff entered into a contract (hereinafter “instant subscription contract”) with the Defendant’s committee for promotion of the Defendant’s association with respect to the apartment No. D (84 square meters) to be constructed due to the instant project (hereinafter “instant subscription contract”).

The main contents of the instant subscription agreement are as follows.

Article 4 (Selection of Construction Works) The term "To be constructed" shall be one unit construction company, and the contract for construction work (a) shall be concluded by the defendant on behalf of its members pursuant to Section 3 of this Agreement, and shall be finalized through the General Assembly of the Association.

Article 7 (Charges and Management of Members)

5. Mutual aid members' contributions shall be paid according to the following payment schedule:

380,630,00 won in total of charges of a house-type 84 square meters: KRW 15 million in the contract; KRW 35 million in the secondary subscription within one month after the contract is made; KRW 38,063,00 in the third subscription within one month after the application for the establishment of an association; and KRW 38,063,00 in the third subscription within one month after the contract is made.

(3) Where the contract deposit under paragraph (5) of this Article is not paid by the due date, the contract shall be automatically cancelled, and the contract deposit and the agency expenses already paid shall be reverted to the defendant as penalty for breach of contract.

Article 10 [Damages and Compensation for Damages]

2. No member may withdraw at will;

Provided, That when a member intends to withdraw from a cooperative due to unavoidable reasons, he/she shall notify the defendant in writing 15 days in advance, and the cooperative shall determine whether to withdraw from the cooperative by resolution of the general meeting or the board

Article 11 (Supply of Housing)

2. The members of a collective housing association shall pay the down payment and the cooperative agency expenses to be paid by not later than the date of a designated contract, by a fair method at the time of designation (after approval of a business plan) determined by the board of directors of the association.

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