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(영문) 울산지방법원 2020.02.12 2018가단62159
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

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 11, 2014, the Plaintiff entered into a contract with the Defendant’s Promotion Committee and the Plaintiff as the Defendant’s partner (hereinafter “instant partnership membership contract”). Accordingly, the Plaintiff paid to the Defendant totaling KRW 42,00,000,000, including the down payment, from August 11, 2014 to December 16, 201 of the same year, and KRW 10,000 among them is the business promotion expenses.

Article 3 of the contract for joining the association of this case, prepared at the time, provides that "the amount of payment for the union members shall be refunded in full due to reasons such as non-disqualification for union members, withdrawal from the association (cancellation, cancellation, and failure to implement the association business), etc., and the business promotion expenses shall not be refunded. In addition, the time of refund shall be determined by the rules of the association and the provisions of the trust company."

C. On November 24, 2014, the Defendant Mutual Association held a new association establishment meeting; the general meeting passed a resolution on the enactment of the Defendant’s bylaws of the Mutual Association (hereinafter “Defendant’s bylaws”); the election of the president of the Mutual Association; and the matters related to the instant case in the Defendant’s bylaws enacted at the general meeting of the above general meeting, 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 members of the partnership in order to use them for the operation of the partnership's office, salaries of officers and employees, and other expenses;

4. Charges: The entire amount paid by members of a cooperative to promote the projects of the cooperative, such as operating expenses of the cooperative, land purchase expenses, construction expenses, etc., shall not be allowed to withdraw from the cooperative at will.

Provided, That a cooperative shall be comprised of its members due to unavoidable reasons.

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