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(영문) 울산지방법원 2018.06.20 2017나25727
조합분담금 반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On May 29, 2017, the Defendant’s name was changed from the District Housing Association to B Housing Association. Article 4 of the Rules on the Evidence Nos. 1 and 2 submitted by the Defendant from Ulsan Jung-gu, and 52 parcels of land, the location of the instant project execution area is indicated as Ulsan Jung-gu E, but the location of the instant project execution area is indicated as the Ulsan Jung-gu E. However, the Plaintiff and the Defendant should enter the land, other than C and 52, which are the location of the project under the subscription agreement (Evidence No. 1) prepared at the time of entering into a contract with the regional

In accordance with the Housing Act and the Enforcement Decree thereof, a regional housing association established to carry out a new project of constructing a regional housing association or apartment (main apartment) (hereinafter “D regional housing association”) under the Housing Act and its Enforcement Decree. The Plaintiff is a person who has entered into a contract with the Defendant and the Defendant to join the said apartment B, 3804 (hereinafter “instant apartment”) and to be supplied with the said apartment B, 3804 (hereinafter “instant apartment”).

Of the instant contract, the content relating to the instant case is as follows.

Article 7 (Contributions of Members and Agency Expenses and Management thereof)

1. Members' contributions shall be the project costs incurred in carrying out the project, including land purchase costs, project costs, and construction works costs;

2. In order to facilitate the project, the Plaintiff shall pay the contributions in accordance with the schedule of the payment of contributions.

6. Within 20 days from the date of the first second start of the remainder of the down payment for cooperative members, 10% of 15% of 15% of 15% of 15% of 15% of 15% of 15,000 15,000 15,000,000 31,95,000 47,932,500 47,932,500 47,932,500,932,500,932,932,500,932,50,500,50,500, 47,932,502,50 (unit: won) for cooperative membership, the effect of this contract is effective if the second down payment is not made and the down payment is made in full without any separate procedure, such as a peremptory notice for performance.

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