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1. The Defendant: KRW 51,750,00 for Plaintiff A, KRW 73,490,00 for Plaintiff B, and KRW 68,825,00 for Plaintiff C and each of the said money.
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 E and supplying housing to its members and the general public.
B. The Plaintiffs respectively concluded a contract under which they join the Defendant as the members of the partnership (hereinafter “instant contract”), and Article 3 of the application for membership of the partnership at that time stipulates, “The down payment shall be refunded after the settlement of expenses, and the service fees shall not be refunded.” In addition, the time of repayment shall be determined in accordance with the provisions of the association rules and the trust company.”
C. On April 2015, Plaintiff A joined the Defendant’s membership and paid KRW 10 million in total,51,750,000,000 in business promotion expenses, and KRW 10 million in total,73,490,000 in total, after joining the Defendant’s membership on April 2015; and Plaintiff C joined the Defendant’s membership on April 2015; and Plaintiff C paid KRW 10 million in total,68,825,00 in total, after joining the Defendant’s membership on April 2015.
The main contents of the Defendant’s bylaws of association (hereinafter “instant bylaws”) are as follows:
The purpose of this Code is to promote stability in the residential life of the association members by prescribing the matters necessary for the projects of the D Regional Housing Association under the Housing Act, and by protecting the rights and interests of the association members and by promoting the projects smoothly.
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;
2. Land purchase cost: The amount paid by partners to purchase the land subject to the project site;
3. Construction costs: 4. The amount that members pay as construction costs in direct or indirect ways;