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(영문) 울산지방법원 2020.11.18 2019가단119571
분담금 반환
Text

1. The Defendant’s new members or general buyers replacing the Plaintiff at the relevant time.

Reasons

1. Basic facts

A. The Defendant is a regional housing association under the Housing Act established for the purpose of constructing and supplying multi-family housing by making the Ulsan Jung-gu Seoul project zone as a project zone.

B. On September 9, 2016, the Plaintiff entered into a contract with the Defendant Cooperative’s Promotion Committee as a member of the Defendant Cooperative (hereinafter “instant subscription contract”), and paid KRW 65 million in total, including the 13 million administrative service cost (hereinafter “agency fee”) on September 9, 2016, including the 13 million won. On October 13, 2016, the Plaintiff paid the down payment amount of KRW 227 million on October 13, 2016, and the share of KRW 15 million on the part payment of KRW 15 million on December 26, 2017.

[Qualifications for Members] The Housing Act (including the Enforcement Decree of the Housing Act, the Enforcement Rule, and other ordinances) shall be maintained from the time of application for membership to the time of completion of construction and occupancy.

Article 12 (Cancellation and Termination of Contracts)

5. In principle, with respect to a person who loses his/her membership due to withdrawal, loss of membership, expulsion, etc., refund shall be made at the time when the substitute contractor deposits the price after deducting the prescribed amount of common contributions, overdue charges, loans, interest on unpaid loans, etc. from the paid amount paid by the partners, and agree thereto.

In such cases, the agency expenses shall not be refunded, and no interest on the paid principal shall be paid.

C. Around August 24, 2017, the Defendant Cooperative held an inaugural general meeting of 488 members and succeeded to the duties of the Defendant Cooperative Promotion Committee, etc., and obtained approval for the establishment of a house from the head of the Gu in Ulsan Metropolitan City.

The provisions relating to this case in the rules of the Defendant Union (hereinafter “instant rules”) are as follows:

Article 8 (Qualification of Members) Qualification requirements for members shall be as follows, stating the qualification requirements for members prescribed by Housing Acts and subordinate statutes:

1. Members of the regional housing association;

(a) a person that satisfies all the requirements of either (i) or (ii) the application for authorization for the establishment of a housing association (from omitted to the date on which the housing of the association can be occupied;

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