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(영문) 울산지방법원 2021.02.03 2020가단114060
기타(금전)
Text

1. The defendant's KRW 115,105,00 for the plaintiff and 5% per annum from August 6, 2020 to February 3, 2021.

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 Jung-gu, Ulsan-gu C.

B. On October 26, 2015, the Plaintiff entered into a contract with the Defendant’s regional housing association (tentative name) which is the Defendant’s promotion committee and with respect to the supply value of the apartment E E 84 square meters that is to be constructed as the said project (hereinafter “instant subscription contract”) with KRW 372,950,000, and paid KRW 152,40,000,000 as the administrative service cost, with the share of KRW 137,40,000.

(c)

Of the part related to the instant accession agreement, “A” refers to (tentatively named) a regional housing association, and “B” refers to the Plaintiff.

D E E G I JH H H H H F Article 10 / 10 / Compensation for Damages) (1) A may terminate the contract immediately upon the occurrence of an act falling under any of the following subparagraphs without the demand for performance or any other separate measure. In this case, B shall be disqualified as a member of the housing association, and B shall not raise any civil or criminal objection:

5. When he loses his qualification as a housing association in accordance with the related Acts and subordinate statutes and the regulations;

However, when it is inevitable to withdraw from a cooperative due to a cause or event, a written statement of withdrawal from the cooperative shall be submitted to the cooperative 15 days prior to the withdrawal of the cooperative, along with a certificate of the seal impression for withdrawal from the cooperative, and

(3) When a member becomes disqualified or withdraws from a cooperative because he/she 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 the member Eul as operating expenses of the cooperative or promotional zone shall be disposed of in the account of the head of the Tong in question, and the time of refund shall be the date of refund when the deposit is completed in lieu of the member or the general purchaser.

Provided, That a refund shall not be made where the expenses, such as an intermediate payment or other overdue interest, exceed the paid-in amount.

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