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(영문) 울산지방법원 2020.05.07 2019나11036
분담금반환
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. Facts of recognition;

A. The Defendant’s establishment and the Plaintiff’s membership (1) the Defendant is a regional housing association established with the authorization of establishment on April 3, 2015 to promote a housing construction project in Ulsan-gu C Il-gu, Ulsan-gu.

(2) On July 22, 2014, the Plaintiff entered into an agreement between the Defendant Promotion Committee (the Defendant established with the authorization of establishment as above and the comprehensive succession of all the rights and obligations of the Promotion Committee) and the Plaintiff’s membership.

(3) The Plaintiff paid the Defendant a total of KRW 32 million including KRW 32 million and KRW 42 million including business promotion expenses, from July 22, 2014 to January 15, 2015, pursuant to the above partnership subscription agreement.

B. Article 3 of the above Agreement on the Disqualification of Members and the Agreement on the Joining of Members of the Defendant Association provides that “When the amount of payment of a member is refunded due to reasons such as disqualification for membership (disqualification), withdrawal from a cooperative (cancellation, cancellation, or failure to implement a cooperative project), the full refund shall be made, and business promotion expenses shall not be refunded. In addition, the time of refund shall be determined in accordance with the provisions of the Agreement on the Disqualification of Members and the Agreement on the Joining of Members.”

(2) On the other hand, the part concerning the defendant's covenant of association is as follows.

The qualification requirements for union members under Article 8 (Qualification for Union Members) of the rules of a cooperative shall refer to the qualification requirements for union members as prescribed by the Housing Act and subordinate statutes, and shall be

1. Cases of a regional housing association:

(a) A householder who fails to own a house from the date of application for the authorization for 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) Where a member of a housing association temporarily loses his/her eligibility as a householder due to extenuating circumstances, such as duties, medical treatment of diseases, study, marriage, etc., he/she shall be deemed qualified as a member;

Article 12 (Withdrawal, Disqualification, and Expulsion of Members) (1)

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