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1. The Defendant: (a) KRW 50,000,000 for the Plaintiff and 5% per annum from December 23, 2017 to December 12, 2018; and (b) the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff’s membership application 1) The Plaintiff’s membership agreement signed by the Defendant (hereinafter “instant partnership membership agreement”).
In order to conclude the contract, on June 19, 2015, the Defendant paid the first down payment and administrative service cost of KRW 10 million (five million won for the contract deposit, five million for the administrative service cost) to the Defendant. After entering into the instant association agreement, according to the terms and conditions of the agreement, the Plaintiff paid KRW 27.5 million for the contract deposit and administrative service cost of July 21, 2015 (17.5 million for the contract deposit and administrative service cost) and KRW 27.5 million for each contract deposit on August 19, 2015, the Plaintiff entered into the instant association agreement on June 24, 2015. Article 2 of the Plaintiff’s application for joining the association at that time provides that “The time when the association members are disqualified, the time when the association members are not refunded (200 million for the cancellation of the contract deposit and the refund of the contract deposit) and the refund of the contract deposit are not made.”
B. Establishment, modification authorization, approval of a project plan, and non-existence of the Plaintiff’s union members of the Defendant’s association (1) The Defendant’s housing construction project (hereinafter “instant project”) under the Housing Act and subordinate statutes in Ulsan-gu D D.
In order to promote a housing association, a regional housing association established with the authorization of the establishment of the housing association from the head of Ulsan Metropolitan City on October 27, 2015 was held on September 3, 2015. On October 27, 2015, the inaugural general meeting was held on September 3, 2015, the number of union members was determined on October 27, 2015, and the authorization for establishment was obtained on February 25, 2016, the number of union members was 757, the number of union members was 725, the number of union members was 725, the number of union members on November 24, 2016, and the number of union members was 690, and the authorization for changes was obtained on November 24, 2017 from the Ulsan Metropolitan City Mayor on December 14, 2017, B, the spouse of the Plaintiff, at the time, was changed on May 15, 2015.