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(영문) 울산지방법원 2020.01.17 2018가단65622
환급금 반환청구의 소
Text

1. On October 9, 2018, the Defendant: (a) KRW 36 million to Plaintiff A and B; (b) KRW 44 million to Plaintiff C; and (c) each of the said money to Plaintiff C.

Reasons

1. Basic facts

A. The Defendant is a regional housing association under the Housing Act established to promote a housing construction project (hereinafter “instant project”) in North-gu Ewon.

B. The Plaintiffs entered into a contract with the Defendant’s committee for promotion of the D Regional Housing Association (hereinafter “Defendant’s promotion committee”) and paid the down payment and business promotion expenses to the Defendant’s promotion committee as indicated below.

The amount to be paid (unit) to be paid as of the date of opening the Plaintiff’s name (unit: 36,000,000,000 10,000,000 46,000,000 on July 29, 2014; B B B 2, 2000 on January 22, 2017; 46,000,000,000 for 46,000,000 on August 1, 2014 C C C C C C on August 44, 2014; 00,000,000,000 for KRW 54,00,000,000;

C. The Defendant, following the inaugural general meeting on April 3, 2015, was established as a regional housing association with the approval of the establishment of the housing association from the head of Ulsanbuk-do, and succeeded to the rights and obligations under each of the instant agreements entered into by the Defendant’s promotion committee, and all of the Plaintiffs were admitted as the Defendant’s members.

Meanwhile, the Plaintiffs were in the position of the householder at the time of entering into each of the instant agreements, but lost the status of the householder by changing their resident registration to each of the household members as shown below.

On June 21, 2018, June 23, 2018, the date of change of the Plaintiff’s name of the household (hereinafter referred to as “Plaintiff”) 1 A on June 2, 2018, C C on June 3, 2018.

The provisions related to this case in the Enforcement Decree of the Housing Act, the Enforcement Rule, and the defendant's covenant of association (hereinafter referred to as the "Rules of this case") are as follows:

(1) Persons eligible for membership of a housing association under Article 11 of the Act shall be as follows:

Provided, That a person who succeeds to the status due to the death of a member may become a member, notwithstanding the following requirements:

1. Members of a regional housing association: Persons meeting all of the following requirements:

(a) authorization to establish an association;

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