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(영문) 울산지방법원 2020.08.26 2020가단106656
분담금 반환
Text

1. The defendant shall pay 45,105,000 won to the plaintiff and 12% per annum from May 9, 2020 to the day of complete payment.

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 October 28, 2015, the Plaintiff entered into a contract (tentatively named) with the Defendant’s regional housing association, which is the Defendant’s promotion committee, with the supply value of the apartment housing No. 84 square meters to be constructed as the said project as KRW 372,950,000 (hereinafter “instant subscription contract”) and paid KRW 82,400,000 in total as the administrative service cost, with the share of KRW 67,40,000.

C. The part pertaining to the instant case in the instant accession agreement is as follows.

(hereinafter referred to as “A” may terminate a contract immediately upon the occurrence of any of the following acts: (a) the Regional Housing Association, and “B” refers to the Plaintiff; (b) the FH G E, Article 10 [harm and damage compensation] (1) A may terminate the contract without the peremptory notice of performance or any other separate measure; and (c) in such a case, B is disqualified as a member of the housing association of the Plaintiff; and (d) B may not file any civil or criminal objection.

5. When he loses his eligibility as a housing association in accordance with the relevant Acts and subordinate statutes and regulations. (3) When he loses his eligibility as a housing association or withdraws from the association because he falls under paragraphs (1) through (2) of this Article, the amount of money calculated by subtracting 10% of the contract amount from the contributions paid by Eul to the association or the operation expenses for the promotion of the association shall be disposed of by refund to the account of the head of the Tong, and the time of refund shall be the refund kis when the deposit is completed by substitution

However, there shall not be a refund where the expenses for part payments, other overdue interests, etc. exceed the paid amount.

Article 16 [Other] (4) This contract and (tentatively named)B regional housing association rules shall have complementary effects, and shall take precedence over this contract in the case of conflict between contract and association rules.

On May 30, 2017, the defendant was established as a regional housing association with the authorization to establish a housing association, and the defendant's promotion committee is established.

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