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(영문) 울산지방법원 2019.01.16 2018가단64063
분담금반환
Text

1. The Defendant’s KRW 32,00,000 as well as 5% per annum from January 26, 2018 to August 23, 2018 to the Plaintiff.

Reasons

1. The Defendant is a regional housing association under the Housing Act established on April 3, 2015 after obtaining authorization for the establishment from a competent authority on April 3, 2015 for the purpose of implementing a housing construction project in Ulsan-gu C Ilwon.

On July 22, 2014, the Plaintiff entered into a partnership agreement with the Defendant (around July 22, 2014, the Defendant was established after obtaining authorization for the establishment as above, and received comprehensive succession of all rights and obligations of the Promotion Committee).

According to the above contract, the Plaintiff paid to the Defendant the sum of KRW 32 million in total, and the sum of the promotion cost, KRW 10 million in total.

According to the membership agreement (paragraph (3) and Article 12 of the Code of the Mutual Association, a person who is not qualified as a cooperative member under relevant Acts and subordinate statutes and this Code shall automatically lose his/her membership (paragraph (2)). A person who loses his/her membership due to the forfeiture of his/her membership shall pay the balance calculated by deducting the amount paid as a promotion fund from the amount paid by the union member paid to the person who loses his/her membership from the forfeiture of his/her membership, within 30 days from the

subsection (4) of this section.

(hereinafter “instant provision”). On October 26, 2017, the Plaintiff lost its membership as a householder by accepting a move-in report (child) with the householder’s domicile as of October 26, 2017.

On December 22, 2017, the Plaintiff sent to the Defendant a content-certified mail claiming the refund of KRW 32 million (except for the promotion expenses subject to deduction) paid by the Plaintiff on grounds of the Plaintiff’s deprivation of membership qualification, which was served on the Defendant on December 26, 2017.

On December 29, 2017, the Defendant sent a content certification to the Plaintiff, and notified the Plaintiff that the Plaintiff was disqualified for membership due to the foregoing reasons.

2. According to the above facts of recognition, the defendant, except in special circumstances, shall pay the down payment of 32 million won to the plaintiff and the plaintiff.

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