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1. The Defendant shall pay to the Plaintiff KRW 44,00,000 and the interest rate of KRW 12% per annum from June 22, 2019 to the day of complete payment.
Reasons
1. Basic facts
A. The Defendant is a regional housing association under the Housing Act established to promote a housing construction project (hereinafter “instant project”) in Ulsan-gu, Ulsan-gu, Seoul, and obtained authorization from the competent authority on April 3, 2015.
B. On July 26, 2014, the Plaintiff entered into a membership agreement with the Defendant’s promotion committee that joined the Defendant’s association as a partner, and paid 54 million won, including business promotion expenses of KRW 10 million from July 26, 2014 to December 24, 2014, as down payment.
C. Paragraph (3) of the written application for membership between the Plaintiff and the Defendant Promotion Committee provides that “The full amount of the down payment for the refund of the cooperative member’s payment due to reasons such as non-disqualification for membership, etc. shall be refunded, and business promotion expenses shall not be refunded. In addition, the date of refund shall be determined in accordance with the rules of the cooperative and the provisions of the trust company.” Article 8 Paragraph (1) of the Defendant’s Rules (hereinafter “instant Rules”) provides that “the person who has not owned a house from the date of application for authorization for establishment of the housing association to the date of possible occupancy of the housing association or who has owned a house with an exclusive residential area of not more than 85 square meters,” as a member’s qualification. Article 12 Paragraph (2) of the same Act provides that “The qualification of a cooperative member of a person who does not fall under the qualification of a cooperative member under the relevant Acts and subordinate statutes and this Regulations shall be automatically invalidated, and Article 12 Paragraph (4) provides that “The person who loses the status of a cooperative member due to withdrawal, loss or expulsion shall be paid the balance paid within 30 days of the refund.”
On July 22, 2016, the Plaintiff, while married with D on July 2, 2016, lost the status of a householder by forming a household with D as the householder.
E. The Plaintiff is the head of the household on May 23, 2019.