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(영문) 울산지방법원 2020.06.17 2019가합16846
분담금반환 등
Text

1. The Defendant shall pay to the Plaintiff KRW 65,00,000 and the interest rate of KRW 12% per annum from October 24, 2019 to the date of full payment.

Reasons

1. Basic facts

A. The Defendant Union was a regional housing association under the Housing Act established for the purpose of supplying a newly-built apartment with the mountain Jung-gu Seoul project zone as the project zone, and obtained authorization to establish an association from the head of Ulsan Metropolitan City on August 24, 2017 from the head of Ulsan Metropolitan City.

B. On April 23, 2016, the Plaintiff entered into a membership agreement with the Defendant Cooperative (hereinafter “instant association membership agreement”) and the content of the safe guarantee certificate attached to the instant association membership agreement is as follows.

B B B B BD

C. The Plaintiff on April 16, 2016 under the instant partnership subscription agreement

4. On April 19, 201, a total of KRW 5 million was paid as an agency expense, KRW 10 million as a contribution on April 19, 2016, KRW 27 million as a contribution on July 21, 2016, KRW 8 million as an agency expense and KRW 15 million as a contribution on March 21, 2018.

On the other hand, on June 30, 2019, the Defendant Mutual Aid Association held an extraordinary general meeting (hereinafter “instant extraordinary general meeting”) and passed a resolution on the agenda of “approval of additional contributions - below 80 million won per household” following the resolution of the general meeting.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 4, 6 and 7, and the purport of the whole pleadings

2. Determination

A. The gist of the plaintiff's assertion was that the defendant union made a resolution to pay additional contributions at the special meeting of this case, even though the defendant union agreed to pay only the finalized contributions to the plaintiff. This constitutes a violation of the terms and conditions of the contract, and thus, the defendant union is obligated to cancel the contract to join the association of this case on the ground of deception of the defendant union concerning the cancellation of the contract to join the association of this case or the additional contributions, and accordingly, the defendant union is obligated to return

In addition, the plaintiff became disqualified as a member due to the plaintiff's failure to meet the requirements of the householder on August 30, 2019.

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