부당이득금반환 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant (formerly named C Housing Association: C Housing Association) is a regional housing association that carries out a new construction project of collective housing (hereinafter “instant project”) at the Busan East-gu D branch. The Plaintiff is a person who has entered into an agreement with the Defendant as follows with regard to the apartment to be newly constructed by the instant project:
B. (i) During the process of entering into a partnership agreement between the Plaintiff and the Defendant, there was a contract entered into between Nonparty F to enter into an association with the effect that Nonparty F would purchase an exclusive area of 65.9417m2, among the apartment units to be newly constructed under the instant project
B. On January 26, 2015, Nonparty F transferred to the Plaintiff the right of sale of the said lake by means of preparing a transferor’s waiver letter of waiver that Nonparty F transferred the right of sale of the said lake to the Plaintiff. Accordingly, on February 24, 2015, the Plaintiff entered into an agreement with the Defendant to purchase the said lake (hereinafter “instant agreement”) with the Defendant, and the main contents thereof are as follows.
§ 7. Membership fees, contributions and indirect official business expenses
1. Members shall pay land purchase expenses, building works expenses, model cargo construction expenses, advertising, sales agency expenses, civil petition treatment expenses, and other project expenses necessary for housing construction projects within a deadline in accordance with the schedule for payment of contributions and business promotion expenses;
2. The amount of the above-mentioned contribution shall be determined by setting the base price for the basic floor at the sale price, and thereafter by the resolution of a general meeting thereafter.
(3) If the amount of contributions is determined pursuant to the above paragraph (2), the contributions determined shall be paid on the specified date and on the specified date of the contributions, but the contributions to be increased shall be reduced according to the ratio compared to the total amount of each payment schedule.
2. Increase or decrease of sales area in the process of business progress, or in the process of authorization and permission of establishment;