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(영문) 울산지방법원 2019.11.14 2018가합26983
환급금 반환청구의 소
Text

1. The Defendant: (a) Plaintiff A, C, D, and E respectively; (b) KRW 36,00,000 for Plaintiff B; and (c) KRW 49,00,000 for Plaintiff F; and (d) KRW 44,00,000 for Plaintiff F.

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 H zone.

B. The Plaintiffs entered into a contract with the Defendant’s promotion committee to join as a member (hereinafter “each of the instant agreements”) as indicated below, and accordingly paid contributions, business promotion expenses, and additional contributions.

The amount to be paid as of July 36, 2014, the aggregate of the contributions to be paid as of the date of joining the Plaintiff (unit: KRW 10,000,000,000 10,000,000 46,000,000 2 B B on August 4, 2014; 59,000,000 33 C on June 36, 2014; 00,000,000,000,000,000,000 on 0,000,000,000 on 46,00,000,004 or 0,004 DD on June 36, 200,000,0000, 006,00000,0000,0000,0000,000,000,000,00,06,046,004

C. The Defendant was established as a regional housing association upon authorization to establish a housing association on April 3, 2015 after the inaugural general meeting, and succeeded to the rights and obligations under each of the instant agreements entered into by the Defendant’s promotion committee as they were. At the time, the provisions related to this case in the Enforcement Decree of the Housing Act, the Enforcement Rule of the Housing Act, and the Defendant’s bylaws of the association (hereinafter “instant bylaws”) are as stated in the relevant statutes

The Plaintiffs were in the position of the householder at the time of each of the instant agreements to join the association, but thereafter, Plaintiff A was in the position of householder around August 2016, Plaintiff B et al., Plaintiff C et al. on October 17, 2018, Plaintiff C et al. on November 15, 2018, Plaintiff D et al. on November 15, 2018, Plaintiff E et al. on November 16, 2018, Plaintiff E et al. on November 16, 2018, Plaintiff F et al. on November 15, 2018, and Plaintiff F lost the status of householder by changing their resident registration to a

E. After losing the head of a household, the Plaintiffs claim a refund of the remaining amount after deducting KRW 10 million from the amount paid by each Plaintiffs on November 15, 2018, namely, Plaintiff A, Plaintiff B, and Plaintiff B, October 19, 2018, Plaintiff C, D, and F, and Plaintiff E, on November 16, 2018, on the ground that Plaintiff E is disqualified for membership.

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