logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.07.17 2018가단59245
조합가입계약금 반환청구
Text

1. The plaintiff is found not to be a member of the defendant's association.

2. The defendant shall pay 25,000,000 won to the plaintiff.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established to promote a housing construction project under the Housing Act (hereinafter “instant project”) in Ulsan-gu Seoul District District.

B. On November 28, 2015, the Plaintiff entered into a contract with the Defendant’s Promotion Committee for the purchase of apartment units D units 59A due to the instant project (hereinafter “instant contract for the purchase of an association”). Accordingly, from November 28, 2015 to December 28, 2015, the Plaintiff paid the Defendant KRW 25 million in total as contract deposit and KRW 15 million in total as contract deposit, from November 28, 2015 to December 28, 2015. The written application for the instant contract for the purchase of an association is as shown in the attached Form.

C. The Defendant Association Promotion Committee opened an inaugural general meeting and enacted the bylaws of the Association including the following provisions (hereinafter “instant regulations”). On September 26, 2017, the Plaintiff Association was authorized to establish a housing association by the head of the Nam-gu Seoul Metropolitan Government.

Article 8 (Qualification of Members) Qualification requirements for members means the qualification requirements for members prescribed by the Housing Act and subordinate statutes, and are as follows:

1. A householder who fails to own a house from the date of application for the authorization for establishment of a housing association to the date possible for moving into the relevant housing association, or owns one bond of less than 85 square meters

(i) Where a member of a housing association temporarily loses his/her eligibility for the head of a household due to inevitable reasons, such as service, disease treatment, study, marriage, etc., he/she shall be deemed eligible for membership;

2. An omitted member is prohibited from withdrawing from a cooperative at will;

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

(2) A member shall be a householder due to personal circumstances.

arrow