logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2021.02.17 2019가단108991
조합원 분담금 반환 청구의 소
Text

1. Of the instant lawsuit, the part concerning the claim for confirmation of non-existence of membership is dismissed.

2. The defendant shall make the plaintiff to the plaintiff.

Reasons

1. Basic facts

A. The Defendant is a regional housing association under the Housing Act established for the purpose of constructing and supplying multi-family housing by making the Ulsan Jung-gu Seoul project zone as a project zone.

B. On January 11, 2016, the Plaintiff entered into a membership agreement (hereinafter “instant membership agreement”) with the Defendant Association as a member of the Defendant Association, and the Plaintiff paid KRW 37,000,000 as down payment, and KRW 13,00,000 as an intermediate payment, KRW 15,00,000 as an agent, and KRW 65,00 as a contribution.

Article 6 [Qualifications for Members] Housing Act (including the Enforcement Decree, the Enforcement Rule, and other ordinances) shall be maintained from the time of application for membership to the time of completion of construction and occupancy.

Article 8 (Arrears and Discount Fees)

1. “B” in the event that this contribution is in arrears, the 17% overdue charge per annum shall be placed on the number of days in arrears (if the contribution is in arrears at least once prior to the approval of the project, the qualification of a member of the association shall be lost, and the interest rate on the overdue charge shall be able to vary according to the market interest rate). Article 12 / [Article 12]

5. In principle, with respect to a person who loses the status of a member due to withdrawal, loss of membership, expulsion, etc., refund shall be made at the time when the substitute contractor deposits the price after deducting the prescribed amount of common contributions, overdue charges, loans, interest on unpaid loans, etc. from the paid amount paid by the members, and agree thereto.

In such cases, the expenses for the vicarious performance of duties shall not be refunded, and the interest on the principal paid shall not be paid.

(c)

The provisions pertaining to the instant case in the rules of the Defendant Union (hereinafter referred to as the “instant rules”) are as follows:

The qualification requirements for members under Article 8 (Qualification for Members) shall refer to the qualification requirements for members under the Housing Act and subordinate statutes, and shall be as follows:

1. Housing shall not be owned from the date of application for the authorization for the establishment of a housing association to the date of occupancy thereof;

arrow