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(영문) 울산지방법원 2021.01.27 2020가단114855
기타(금전)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On February 16, 2015, the Plaintiff entered into a contract (tentative name) under which members of the (tentatively named) B Housing Association will join and be sold in lots at 33 square meters-type C (hereinafter “instant agreement to join the association”). The “supply price” column of the instant agreement to join the association includes “8,990,000 won per square year (average fixed amount, expansion, and non-specific amount)” as “the total amount of the payment for the contribution” column includes KRW 302,250,000,000, including the 10,000,000 won per square year, and then, “the amount, time of payment, etc. may be modified according to the progress of the business.”

“.......”

B. The Plaintiff paid KRW 78,825,00 in total, KRW 10,00 for business purposes, KRW 68,825, and KRW 00,00 in accordance with the instant agreement to join the partnership.

(c)

On September 2015, the Defendant was established as a regional housing association with the authorization of the establishment of a housing association from the head of the Nam-gu Seoul Metropolitan City, Ulsan Metropolitan City, and succeeded to the rights and obligations under the contract entered into by the promotion committee.

The parts related to the instant case in the Defendant’s union bylaws (hereinafter “instant union bylaws”) are as follows.

Article 10 (Rights and Duties of Members) (2) Members shall have the following obligations:

1. Article 12 (Withdrawal, Loss of Qualification, and Expulsion of Membership) (1) No member of a cooperative may withdraw from the cooperative at his/her discretion;

Provided, That when a partner intends to withdraw from the partnership due to unavoidable reasons, he/she shall notify the head of the partnership of his/her intention in writing 15 days prior to the withdrawal, and the head of the partnership shall determine whether to withdraw from the partnership by resolution of the general

(2) A person who is not qualified as a partner under relevant Acts and subordinate statutes and this Code shall automatically lose his/her qualification as a partner.

(3) Members;

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