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1. The Defendant’s KRW 51,756,00 for the Plaintiff and its related KRW 51,756,00 per annum from February 21, 2019 to August 21, 2019, and on August 22, 2019.
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, Ulsan-gu C.
B. On January 1, 2015, the Plaintiff entered into a contract with the Defendant’s promotion committee to join the instant association (hereinafter “instant association membership contract”) and accordingly, paid the Defendant a total of KRW 61,756,000, including the down payment, from January 1, 2015 to April 4, 2018. Of them, KRW 10,00,000 is business promotion expenses.
C. On June 9, 2015, the Defendant Cooperative’s promotion committee opened an inaugural general meeting and enacted the partnership rules including the following provisions (hereinafter “instant rules”). On September 24, 2015, the said committee obtained authorization for the establishment of the housing association from the head of Ulsan Metropolitan City south-gu.
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 cost: An amount paid by its members as the direct or indirect construction cost for construction;
4. Charges: The amount of all expenses paid by members to a cooperative to implement the projects of the cooperative, such as operating expenses of the cooperative, land purchase expenses, and construction expenses, shall refer to qualification requirements for members under Article 8 (Qualification of Members) who are prescribed by the Housing Act and subordinate statutes, and shall be as follows:
Provided, That where housing (related Acts and subordinate statutes) is changed, it shall be changed.
1. A householder who fails to own a house from the date of application for the authorization for the establishment of a housing association to the date possible to move into the relevant housing association, or who owns one house with an exclusive residing area
(2) Members of the Mutual Aid Association shall have the following obligations:
1. Members of the cooperative under Article 12 who are liable to pay charges (including operating expenses of the cooperative, land purchase expenses, construction expenses, etc.);