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(영문) 울산지방법원 2018.10.16 2018가단53438
기타(금전)
Text

1. The Defendant’s KRW 36,00,000 as well as the Plaintiff’s annual rate from February 15, 2018 to October 16, 2018, and the following.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established on April 3, 2015 with the authorization for the establishment of a housing association in order to promote a housing construction project (hereinafter “instant project”) pursuant to the Housing Act and subordinate statutes in Ulsan-gu, Ulsan-gu C.

B. On August 1, 2014, the Plaintiff entered into a contract with the Defendant’s promotion committee and the Plaintiff as the Defendant’s partner. Accordingly, the Plaintiff paid the Defendant totaling KRW 46,000,000, including the down payment, from August 1, 2014 to December 15, 2014. Of them, KRW 10,000 is business promotion expenses.

C. Article 3 of the partnership subscription contract prepared at the time provides that "the amount of payment for union members shall be refunded in full due to reasons such as non-qualified members (e.g., cancellation, cancellation, and failure to implement the partnership business), and the amount of payment for union members shall not be refunded, and business promotion expenses shall not be refunded. In addition, the time of refund shall be determined in accordance with the rules of the association and the provisions of the trust company."

The parts related to the instant case among the contents of the Defendant’s covenant of association (hereinafter “instant covenant”) are 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 partners for the operation of the partnership office, salaries of officers and employees, and other expenses;

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) who are prescribed by the Housing Act and subordinate statutes, and shall be as follows:

A householder who does not own a house from the date of application for authorization for establishment of a housing association to the date of occupancy of the relevant housing association or owns a house with an exclusive residing area of 85

(i) A member of a housing association shall be temporarily qualified as a householder for any inevitable reason, such as service, disease treatment, study, or marriage;

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