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1. The Defendant: KRW 44,00,000 to Plaintiff A; KRW 36,00,000 to Plaintiff B; and each of them from August 28, 2018.
Reasons
1. The Defendant is a regional housing association under the Housing Act established on April 3, 2015 after obtaining authorization for the establishment from a competent authority on April 3, 2015 for the purpose of carrying out a housing construction project in Ulsanbuk-gu E members.
Plaintiff
A On June 28, 2014, and June 26, 2014, Plaintiff B entered into a membership agreement with each of the Defendant (a party was duly established with the Defendant’s promotion committee, but the Defendant was established with the authorization of establishment as above and received all the rights and obligations of the promotion committee).
Pursuant to each of the above contracts, the Plaintiffs respectively paid to the Defendant KRW 44 million in total, KRW 10 million in total, and KRW 10 million in total, and KRW 36 million in total, and KRW 10 million in total, respectively.
According to the membership agreement (paragraph (3) and Article 12 of the Code of the Mutual Association, a person who is not qualified as a cooperative member under relevant Acts and subordinate statutes and this Code shall automatically lose his/her membership (paragraph (2)). A person who loses his/her membership due to the forfeiture of his/her membership shall pay the balance calculated by deducting the amount paid as a promotion fund from the amount paid by the union member paid to the person who loses his/her membership from the forfeiture of his/her membership, within 30 days from the
subsection (4) of this section.
(hereinafter referred to as “instant provision”). As of July 6, 2018, Plaintiff B lost the status of a householder as of July 9, 2018 due to the change of the householder from each of his/her own to his/her spouse, Plaintiff A lost his/her membership.
Plaintiff
B As of July 9, 2018, Plaintiff A sent each content certification to the Defendant as of July 10, 2018, and Plaintiff A expressed their respective intent to refund the down payment (excluding the promotion cost subject to deduction) that each of the Plaintiffs paid on the grounds that he/she lost his/her membership as a member of the association, or withdraw from the association. Each of the above content certification was served on the Defendant around that time.
2. Determination.