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(영문) 울산지방법원 2020.08.25 2019가단123105
납입금 반환청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a regional housing association that was established with the authorization to establish a housing association on July 19, 2016, in order to promote a new project of constructing a regional housing association or apartment (hereinafter “instant apartment”) under the Housing Act and the Enforcement Decree thereof (hereinafter “instant apartment”) in Ulsan-gun, Ulsan-gun, Ulsan-gun, in accordance with the Housing Act and its Enforcement Decree.

B. On November 2, 2015, the Plaintiff entered into a contract with the Defendant and its members (hereinafter “instant contract”). The main contents of the instant contract are as follows.

- The housing type and number of houses admitted to the Plaintiff: 59A type, D- Site area: 37,627§³ - Multi-family housing (multi-family housing 13 units, 918 units), and ancillary welfare facilities - The number of households for recruitment: Total of 918 households (the business outlines may be partially modified or decreased in the process of approval for the business) - The supply price: 3.3 square meters from 7.3 square meters (per square), to 7.6 million won from 7.3 square meters (per square), - the total amount of the charges for the payment of the charges for the vicarious performance of the charges for other households (unit: 6 thousand won) to 188, 198-type 205,000, 11,000, 215,000, 216, 1400, 1400, 500 units for each member, and the average of the charges to be supplied at the later.

- The contributions, time of payment, intermediate payments (interest late payment), number of households, etc. may be changed according to the progress of the project.

- The amount of application for membership shall consist of the contributions to cooperative members (contracts) and agency expenses, and the agency expenses shall not be included in the contributions to cooperative members.

- The regional housing association may modify its schedule in the process of authorization and permission of the project plan, and in this case will undertake to comply with the modified project plan.

C. According to the instant contract, the Plaintiff paid KRW 15 million for the first down payment on November 2, 2015, KRW 21 million on December 2, 2015, KRW 17 million on August 1, 2016, and KRW 45 million on October 13, 2016, respectively.

On January 30, 2016, the progress of the instant project, and July 19, 2016.

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