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1. The Defendant’s KRW 41,00,000 and the Plaintiff’s annual rate of KRW 5% from August 12, 2019 to July 10, 2020.
Reasons
1. Basic facts
A. The plaintiff's membership 1) The defendant joined the housing construction project (hereinafter "the project of this case") under the Housing Act and subordinate statutes in Ulsanbuk-gu C.
On October 27, 2015, the regional housing association is established with the authorization of establishment of the housing association from the head of the North Korea in Ulsan-gu, Ulsan-do. (2) The Plaintiff entered into a contract with the Defendant as a member of the association (hereinafter “instant association subscription contract”) on June 20, 2015, and Article 2 of the union subscription contract prepared at that time stipulates, “The down payment shall be refunded after the settlement of expenses, and the business service fees shall not be refunded.” In addition, the time of repayment shall be determined by the association’s rules and the trust company’s regulations.”
3) Under the instant agreement to join the association, the Plaintiff paid 15 million won to the Defendant an administrative service fee of KRW 15 million, down payment of KRW 41 million, and KRW 56 million. (b) The Defendant held an inaugural general meeting on September 3, 2015, the number of union members was determined on October 27, 2015, and the authorization for establishment was obtained on February 25, 2016; the number of union members was 757; the number of union members was 725; the number of union members was 725; and the number of union members was 690 each on November 24, 2017; and the approval for establishment was obtained from the Ulsan Metropolitan City Mayor on December 14, 2017, which was the content of the Defendant’s covenant to establish the association (hereinafter “instant bylaws”).
The main contents of Article 7 (Definitions of Terms as defined in this Code) are as follows:
1. Operational expenses of the partnership: The amount paid by the partners for the operation of the partnership office, salaries of officers and employees, and other expenses;
2. Land purchase cost: subject to the project site; and