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(영문) 울산지방법원 2020.05.22 2018가단64230
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

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 18, 2015, the Plaintiff entered into a contract (hereinafter “instant subscription contract”) with the Defendant’s Promotion Committee on the apartment housing No. 84 square meters due to the instant project as a member (hereinafter “instant subscription contract”).

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

Article 5 (Association Agent)

3. The agency expenses of a cooperative shall be 15,000,000 won per all construction households.

(including value-added tax) Article 7.

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

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

5. The agency expenses paid by the Plaintiff shall not be refunded at the time of cancellation of the contract, withdrawal from the partnership, and shall be paid separately at the time of re-admission.

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 an unavoidable cause, 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 of directors.

C. On September 18, 2015, the Plaintiff paid respectively the amount of KRW 15 million for the first application for membership (including KRW 10 million for business services), and the amount of KRW 35 million for the second application on October 19, 2015 (including KRW 5 million for business services) pursuant to the instant subscription agreement.

The defendant.

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