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(영문) 울산지방법원 2020.02.06 2019가합13397
환급금 반환
Text

1. The Defendant: 46,156,00 won to Plaintiff A; 71,490,000 won to Plaintiff B; 46,156,000 won to Plaintiff C; and 100 won to Plaintiff D.

Reasons

1. Basic facts

A. The Plaintiffs and M entered in the following table entered into a contract with the L Area Housing Association Promotion Committee (hereinafter referred to as “Promotion Committee”) to join as a member of the L Area Housing Association (hereinafter referred to as “each of the instant agreements to join each of the instant associations”) at the date indicated below, and accordingly, paid a contribution including KRW 10,000,000 as indicated below, and Plaintiff K transferred its membership from M on September 8, 2017.

The amount to be paid as of May 7, 2015, A 16,156,00 for Plaintiff B on May 7, 2015, and Plaintiff C on May 7, 2015, 201: (i) 10,162,00 for Plaintiff D on May 7, 2015; (ii) 64,25,000 for Plaintiff E on May 7, 2015; (iii) 51,156,000 for Plaintiff B on May 7, 2015; (iv) 10,162,00 for Plaintiff D on May 7, 2015; (iv) 64,225,000 for Plaintiff B on March 30, 2015; (v) 15,007 Plaintiff G on March 97, 2007; (v) Plaintiff 16, Jul. 16, 2015;

B. On September 2015, the Defendant was established as a regional housing association with the authorization of establishment of the housing association from the head of Ulsan Metropolitan City south-gu, and succeeded to the rights and obligations under each of the instant agreements entered into by the promotion committee.

The parts related to the instant case in the Defendant’s covenant of association (hereinafter “instant covenant”) are as follows:

Article 8 (Qualification of Members) of the Rules of this case shall refer to the qualification requirements for members 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 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 of

(i) The head of a Si/Gun/Gu shall, where a housing association member temporarily loses his/her eligibility for the head of a household due to inevitable reasons, such as service, disease treatment, study or marriage;

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