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(영문) 울산지방법원 2019.08.22 2018가합23885
부당이득금
Text

1. Of the instant lawsuit, the part concerning the claim for confirmation of non-existence of membership shall be dismissed.

2. The defendant shall make the plaintiff 51,756.

Reasons

1. Basic facts

A. On January 2015, the Plaintiff entered into a contract with the Defendant’s promotion committee (hereinafter “promotion committee”) to join the Defendant’s members to be newly established (hereinafter “instant agreement to join the association”). Accordingly, the Plaintiff paid contributions, service costs, and additional contributions as indicated below to the promotion committee or the Defendant.

The amount of 5,00,000 service charges on January 26, 2015, 1200 on the service charges on January 26, 2015, 5,000,000 on January 26, 2015, the service charges of 5,000,000 on February 18, 2015 on February 18, 2015, the contributions of 15,000,000 on February 18, 2005 on February 18, 2015; the contributions of 21,156,000 on June 25, 2015; the additional contributions of 10,60,0000 on February 20, 2017.

B. On September 2015, the Defendant was established as a regional housing association with the authorization of establishment of the housing association from the head of Ulsan Metropolitan City south-gu, and succeeded to the rights and obligations under the instant association subscription agreement entered into by the promotion committee.

The main contents of the Defendant’s bylaws of association (hereinafter referred to as the “instant bylaws”) are as follows:

Article 8 (Qualification of Members) of the Rules of this case shall refer to the qualification requirements for members prescribed by the Housing Act and subordinate statutes, and shall be as follows:

Provided, That where housing (related Acts and subordinate statutes) is changed, it shall be changed.

1. A householder who fails to own a house from the date of application for authorization for the establishment of a housing association to the date possible to move into the relevant housing association, or who owns one house with an exclusive residing area of

(i) Where a housing association member temporarily loses his/her eligibility as a householder due to inevitable reasons, such as duties, medical treatment of diseases, study, marriage, etc., he/she shall be deemed qualified as a member;

2. A person who has resided in the relevant area (the area before Ulsan Metropolitan City, Busan Metropolitan City, or Gyeongnam-do) as of the date of application for authorization for the establishment of a housing association for at least six months;

3. The membership shall be a member of all household, including the principal and his spouse, of the contractor and shall be related.

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