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(영문) 울산지방법원 2021.01.15 2020가단115155
환급금 청구의 소
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant is a regional housing association under the Housing Act established for the purpose of constructing housing in Ulsan-gu, Ulsan-gu, and supplying housing to its members and the general public.

B. On January 27, 2015, the Plaintiff entered into a contract with the Defendant to join as a member, and paid the Defendant a total of KRW 68,543,00,000, including commission for business on behalf of the Defendant.

In addition, on November 18, 2019, the Plaintiff concluded a new contract for joining an association with the content of KRW 420 million in total (the total amount of KRW 410 million in business agency fees) with respect to D units (type 30.4) of the housing supplied by the Defendant.

(c)

Meanwhile, the part related to the instant case in the Defendant’s union bylaws (hereinafter “instant union bylaws”) is as follows.

(3) Where a member falls under any of the following cases and causes damage to a cooperative due to his/her failure to perform his/her duties as a member, he/she may be expelled from the cooperative in accordance with a resolution of the council or the general meeting:

1. Where charges, etc. are not paid continuously on at least two occasions by the designated date. (4) The balance paid by a partner to a person who loses the status of a partner due to withdrawal, loss of membership, expulsion, etc. shall be paid within 30 days from the date the refund claim is requested after deducting the amount paid as a promotion cost from the payment paid by the partner; however, a joint contribution to be deducted and a time for refund may

(d)

On April 28, 2019, at an ordinary general meeting held on April 28, 2019, the Defendant made a resolution stating that “in respect of members who lose their membership due to withdrawal, loss of membership, expulsion, etc., 20% of the total charges out of the charges (the charges for business purposes) and the balance excluding 100% of the station expenses for business purposes and 100% of the office expenses shall be refunded, and when the payment has been completed by replacing the time of refund to new members and general buyers,” and thereafter, on December 29, 2019.

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