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(영문) 울산지방법원 2019.11.15 2018가단72439
조합가입금반환청구
Text

1. The Defendant’s KRW 44,00,000 and the Plaintiff’s annual rate of KRW 15% from January 3, 2019 to May 31, 2019.

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 North-gu Seoul House.

B. On November 18, 2014, the Plaintiff entered into a contract with the Defendant’s member (hereinafter “instant partnership membership contract”) with the Defendant’s promotion committee and accordingly paid KRW 54 million in total, including the down payment of KRW 44 million and the business promotion expenses of KRW 10 million.

C. On April 3, 2015, the Defendant was established as a regional housing association with the authorization to establish a housing association, and succeeded to the rights and obligations under the instant agreement entered into by the Defendant’s promotion committee as they were, and the Plaintiff was admitted as the Defendant’s members.

The Plaintiff was in the position of the householder at the time of entering into the instant association, but lost the status of the householder by changing his/her resident registration to a member of D on November 6, 2018.

E. The provisions pertaining to the instant case in the Enforcement Decree of the Housing Act and the Defendant’s covenant of association (hereinafter “instant covenant”) are as follows.

(1) Persons eligible for membership of a housing association under Article 11 of the Act shall be as follows:

Provided, That a person who succeeds to the status due to the death of a member may become a member, notwithstanding the following requirements:

1. Members of a regional housing association: Persons meeting all of the following requirements:

(a) Any of the following shall apply to whether a house is owned (including where the relevant housing construction site is owned in the position prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in consideration of the type of house, method of selecting occupants, etc.; hereafter the same shall apply in this subparagraph) from the date of application for authorization to establish an association (where the relevant housing construction site is located in an overheated speculation district under Article 63 of the Act, referring to the

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