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(영문) 서울동부지방법원 2019.06.18 2018가단102783

부당이득금

Text

1. The Defendant’s KRW 32,280,00 and the Plaintiff’s annual rate of KRW 5% from February 3, 2018 to June 18, 2019.

Reasons

1. Facts of recognition;

A. The Defendant was established for an apartment complex development project of the Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City 10,936.28 square meters (3,308.20 square meters, site area), 46,281.28 square meters (14,00.09 square meters, total floor area) under the ground 3 floors, 27 floors above ground, 27 floors above ground, officetels, and neighborhood living facilities (hereinafter “instant development project”), and obtained authorization for the establishment around June 26, 2014.

B. On April 21, 2014, the Plaintiff entered into a contract with the Defendant (the Committee for the Promotion of the Establishment of the Association) to enter into an association with respect to the area of 56 square meters and one household (hereinafter “instant agreement to enter into an association”) and paid the Defendant KRW 45,00,000 (the above business operating expenses are KRW 20,000,000, KRW 10,000,000, KRW 29,200, KRW 29,120,000, KRW 29,120,000, KRW 128,280,000, KRW 840,000, KRW 840,000, KRW 10,000, KRW 10,000, KRW 29,128,28,000, KRW 840,000, Oct. 10, 2015.

C. Around February 15, 2017, the Defendant urged the Plaintiff to pay KRW 10,840,000 among the first intermediate payment and KRW 39,120,000 among the second intermediate payment in arrears until February 24, 2017, but the Plaintiff did not pay it.

On March 18, 2017, the defendant decided to dismiss the plaintiff from the defendant based on Article 12 (3) 1 of the union bylaws and Article 12 of the union membership agreement of this case on the ground that the charge was not paid twice or more at the 9th special meeting.

E. On April 19, 2017, the Defendant notified the Plaintiff of his intention to withdraw the expulsion when paying unpaid contributions and overdue interests by April 30, 2017. On April 26, 2017, the Defendant again requested the Plaintiff to pay unpaid contributions and overdue interests, but the Plaintiff did not comply therewith.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, 10 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant did not provide the plaintiff with information that the defendant should disclose to its members, and entered into an association with non-qualified persons.