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(영문) 울산지방법원 2021.01.12 2019가단108489
조합분담금청구
Text

The defendant shall pay 30,00,400 won to the plaintiff and 5% per annum from April 3, 2019 to January 12, 2021.

Reasons

1. Facts of recognition;

A. The Defendant is a regional housing association under the Housing Act established to promote a housing construction project at Ulsan-gu Seoul Central Housing Association.

B. On June 22, 2015, the Plaintiff entered into a contract with the Defendant’s committee for promotion of a regional housing association (hereinafter “instant association membership contract”) and paid KRW 52,092,00 in total contributions as KRW 320,916,00 and KRW 74,092,00 in total, as well as KRW 12,00 in office-based expenses.

(c)

On February 26, 2019, the Plaintiff lost the status of the householder, thereby losing the status of a member of the Defendant Union. Around that time, the Plaintiff notified the Defendant of the above fact.

(d)

At the time of the Defendant’s establishment, the partnership agreement provides that “a person who has lost the status of a union member due to withdrawal, loss of membership, expulsion, etc. shall refund the balance 100% excluding the down payment and the station expenses for business purposes out of the paid-in payment, and the time of refund shall be refunded at the time of the completion of the deposit in substitution for a new union member or a general seller (Article 12(4)).” However, the amended agreement around June 2016 provides that “a refund shall be made at the time of withdrawal, loss of membership, expulsion, etc., with respect to a person who has lost the status of a union member due to withdrawal, forfeiture of membership, expulsion, etc., the down payment (10% of the contribution) and the balance excluding 100% of the station expenses shall be refunded,” which is not specified for the time of refund.

[Ground of recognition] Unsatisfy, Gap 1 through 7, 10 through 21, Eul 2, 3 and 6, and the result of factual inquiries into the Southern Metropolitan City of Ulsan Metropolitan City of this Court, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion that he was disqualified as the Defendant’s membership, the Defendant is obligated to pay the Plaintiff the remainder of KRW 64,092,00,000, excluding the Plaintiff’s 11,000,000 for business-use expenses, out of the Plaintiff’s contributions.

B. The defendant's assertion that the amount the plaintiff would be refunded to the plaintiff is 10% of the sales amount paid by the plaintiff.

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