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1. The Defendant’s KRW 8,223,00 per annum for the Plaintiff and 5% per annum from February 28, 2019 to January 10, 2020.
Reasons
1. Basic facts
A. The Defendant is a regional housing association established to promote a housing construction project under the Housing Act in Ulsan-gu, Ulsan-gu C.
B. On November 10, 2015, the Plaintiff entered into a contract with the Committee for Promotion of the Housing Association (tentative name) under which the value of supply of the apartment No. 84 square meters to be constructed as the said project is KRW 3677,777,00 (hereinafter “instant contract”). The Plaintiff paid KRW 45 million to the said Committee as a charge under the instant contract, including KRW 30,000,000 and KRW 15,000 as administrative service costs.
C. According to the contract of this case, the defendant can immediately terminate the contract when the plaintiff loses the qualification as a housing association in accordance with the relevant laws and regulations, and at this time, the plaintiff's member's qualification is disqualified (Article 10 (1) 5), and the contract amount is deducted from 10% of the contributions paid by the plaintiff to the association or the promotional operation expenses, and the refund shall be made in the account of the head of the passbook, and the refund shall be made at the time of the completion of the deposit due to substitution of the union member or the general purchaser, and the refund shall not be made if the expenses such as intermediate payment or overdue interest exceed the already paid amount (Article 10 (1) 5).
After that, the defendant succeeded to the contract of this case with the authorization of establishment, and the defendant's union rules (hereinafter referred to as "the agreement of this case") was enforced after the general meeting of union members.
E. According to the instant rules, the membership of a person who is not eligible for membership under relevant Acts and subordinate statutes and rules is automatically lost (Article 12(2)), and the balance obtained by deducting an amount equivalent to 1/10 of the total amount of the charges (partnership charges) under Article 7 subparag. 4 from the person who loses the status of a member shall be paid within 30 days from the date of the claim for refund (Article 7(4)).
F. The Plaintiff loses the status of the householder on August 6, 2018, and thus, the Housing Act and subordinate statutes and regulations.