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(영문) 울산지방법원 2021.02.02 2020가단120287
기타(금전)
Text

1. The defendant shall pay 53,00,000 won to the plaintiff and 12% per annum from September 29, 2020 to the day of full payment.

Reasons

1. Basic facts

A. On June 23, 2015, without satisfying the requirements for membership of the Plaintiff, the Plaintiff filed an application for membership of the instant association (B) with the Defendant on June 23, 2015, stating the following: (a) the Defendant was before the inaugural general meeting at the time; (b) the Defendant was a regional housing association (tentative name) of the instant association; (c) KRW 5,00,000,000 for primary (contract deposit) administrative rent of KRW 5,00,000 for the first (contract) administrative purpose; (d) KRW 17,50,000,000 for the second (as of July 13, 2015; (e) KRW 17,50,000 for the down payment; and (e) KRW 10,000 for the remainder payment for the instant association members at the time; and (e) KRW 200,000 for the instant regional housing association without any ground for admitting the down payment at the time; and (iii)

- When the amount of payment for a partner is refunded due to non-qualified reasons, the contract amount shall be refunded after the installment of the expenditure, and the reverse cost for business shall not be refunded.

In addition, the time of repayment is determined in accordance with the partnership agreement.

B. On September 3, 2015, the Defendant held an inaugural general meeting of the housing association in order to promote the housing construction project (hereinafter “instant project”) in accordance with the Housing Act and subordinate statutes in Ulsan-gu, Ulsan-gu, Seoul pursuant to the Housing Act.

(c)

On October 27, 2015, the Defendant obtained authorization for the establishment of a regional housing association from the head of Ulsan-gu, Ulsan Metropolitan City, which is 782 members including the Plaintiff.

(d)

The Defendant’s rules of association (hereinafter “instant rules”) approved on October 27, 2015 are as follows: (a) the resolution was passed through the inaugural general meeting on September 3, 2015; and (b) the Defendant’s rules of association (hereinafter “instant rules”).

A member qualification of a person who does not meet the following requirements for membership under the relevant statutes and this Code shall be automatically lost:

For a person who loses the status of a member due to withdrawal, loss of qualification for a member, expulsion, etc., the balance shall be calculated by deducting the amount paid by the member as promotion expenses from the amount paid by the member.

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