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(영문) 울산지방법원 2021.01.28 2020가합14235
부당이득반환청구
Text

The plaintiff's primary claim is dismissed.

The plaintiff confirms that he is not a member of the defendant.

The plaintiff's remainder.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established with the authorization of the establishment of a housing association on July 19, 2016 in order to promote a joint housing construction project (hereinafter “instant project”) under the Housing Act and the Enforcement Decree thereof in Ulsan-gun C.

B. On October 27, 2015, the Plaintiff joined the local housing association as a member of the committee for promotion of the housing association to be established after conjection with the committee for promotion of the housing association, and paid a shared amount, etc., and entered into a contract to receive 84A type D apartment from the regional housing association (hereinafter “instant subscription agreement”). The instant subscription agreement included the following: “The amount of contribution, time of payment, intermediate payment (payment after interest), and the number of households, etc. may be changed according to the progress of the project.”

According to the instant subscription agreement, the Plaintiff paid the said promotion committee KRW 36 million in total, including KRW 11,00,000,000 as an agent for business, and KRW 25,00,000,000.

(c)

On January 30, 2016, the Defendant was established with the authorization of the establishment of the housing association upon the authorization of the inaugural general meeting on July 19, 2016, and succeeded to the rights and obligations under the instant agreements entered into with the Plaintiff (hereinafter “Defendant” without distinguishing between the Defendant and the Promotion Committee”). At the time of the Defendant’s bylaws of the association (hereinafter “instant bylaws of association”) relating to the instant case are as follows.

The meaning of terms used in Article 7 (Definition of Terms) of the Code of the Association of this case is as follows.

4. Contributions: All the amounts paid to unions by its members to implement the projects, such as operating expenses of unions, land purchase expenses, and construction expenses;

8. Expenses for vicarious execution of affairs: The amount paid to an agent for the affairs of a cooperative as proxy, the qualification requirements for members under Article 8 (Qualification for Members) shall refer to the qualification requirements for members under housing-related Acts and subordinate statutes, and shall be as follows:

1. The housing association shall not be owned from the date of application for authorization for the establishment of the housing association to the date of occupancy thereof;

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