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(영문) 울산지방법원 2018.06.28 2018가단50941
청산금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts are acknowledged in full view of evidence Nos. 1 through 4 and the purport of the entire pleadings.

A. The Defendant is a regional housing association under the Housing Act, which obtained authorization for establishment on July 19, 2016, and the Plaintiff joined as the Defendant’s member around October 20, 2015.

B. On October 20, 2015, the Plaintiff paid to the Defendant the share of KRW 36,00,000,000 in total, including the share of KRW 21,00,000,00 on December 4, 2015.

C. The part concerning the instant case in the Defendant’s covenant of association is as follows.

Article 7 (Definitions)

4. Contributions: The whole amount paid by members to a cooperative to implement the projects of the cooperative, such as operating expenses of the cooperative, land purchase expenses, and construction expenses. Article 12 (Expulsion of Disqualification from Membership) (1) No member may withdraw from the cooperative at his/her own discretion;

Provided, That when a member intends to withdraw from an association due to unavoidable reasons, he/she shall notify the head of the association in writing 15 days prior to the withdrawal, and the head of the association shall determine whether to withdraw from the association by resolution of the general meeting or the

(3) Where any member causes damage to a cooperative because he/she fails to perform his/her duties as a member, such as the following cases, he/she may be expelled according to a resolution of the board of representatives or the general meeting:

1. Where contributions, etc. are not paid continuously two or more times by the designated date, (4) With respect to a person who loses the status of a cooperative member due to withdrawal, loss of the qualification of a cooperative member, expulsion, etc., the agency expenses paid by the cooperative member shall not be refunded, and the balance obtained by deducting the prescribed joint contributions (10% of the paid amount) from the contributions shall be refunded, but the time shall be paid at the time of inspection for use by building project plan approval

Provided, That the joint contributions and the timing of refund to be deducted by the resolution of the board of directors may be separately determined.

2. The plaintiff's assertion and judgment

A. The Plaintiff’s voluntary withdrawal is prohibited and there is an inevitable reason.

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