logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.11.01 2018가단6159
조합가입신청금 반환
Text

1. The Defendant shall pay to the Plaintiff KRW 49,00,000 and the interest rate of KRW 15% per annum from June 22, 2018 to the day of complete payment.

Reasons

1. The facts following the facts are acknowledged as follows: there is no dispute between the parties; or in full view of Gap evidence Nos. 1 to 18; witness E’s testimony and the purport of the entire pleadings.

A. The Defendant is a regional housing association under the Housing Act established for the purpose of implementing a housing construction project on the project site of the Filwon in Ulsan-gu, Ulsan-gu.

(Date of Authorization for Establishment: April 3, 2015). (b)

Around August 2014, the Plaintiff entered into a contract with the Defendant (at the stage of the promotion committee at that time), which entered into with the Plaintiff as a member of the Defendant, and paid KRW 59,000,000 to the Defendant by August 28, 2015. The Plaintiff paid KRW 10,000,000 out of the aforementioned KRW 59,00,000 paid by the Plaintiff.

C. The part related to the instant case in the Defendant’s covenant of association (hereinafter “Rules of Association”) is as follows.

Article 7 (Definition of Terms) The meaning of terms used in this Code shall be as follows:

1. Operational expenses of the partnership: The amount paid by the partnership members to be used for the operation of the partnership office, salaries of officers and employees, and other expenses; and

4. Charges: The amount of all expenses 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, shall refer to the qualification requirements for members under Article 8 (Qualification of Members) of the Housing Act and subordinate statutes, and shall be as follows:

1. Cases of a regional housing association:

(a) A householder who fails to own a house from the date of application for the authorization for establishment of a housing association to the date possible to move into the relevant housing association, or who owns one house with an exclusive residing area of

(i) Where a housing association temporarily loses its eligibility for the head of a household due to inevitable reasons, such as duties, medical treatment of diseases, study, marriage, etc., it shall be deemed that the qualification for the head of a Si/Gun/Gu is satisfied;

Article 12 (Withdrawal, Disqualification, and Expulsion of Members) (2) A cooperative member of a person who has become disqualified as a cooperative member under relevant Acts and subordinate statutes and this Code.

arrow