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(영문) 청주지방법원 2020.12.10 2019가단35957

부당이득금반환 청구의 소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant obtained authorization for the establishment of a regional housing association around May 2015, as a regional housing association established for the purpose of a project to build apartment complexes and ancillary and welfare facilities, etc. with approximately 13,931.00 square meters of a site area in the Dacheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the 16-20-dong apartment complexes with 325 households above ground (hereinafter “instant project”).

B. On February 17, 2015, the Plaintiff entered into a membership agreement with the Defendant on the B Regional Housing Association (hereinafter “instant contract”) and agreed to purchase a total of 310 households of apartment houses scheduled to be built in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the exclusive area of 30 square meters and 75.426 square meters among the 310 households of apartment houses, and paid the amount indicated in the “payment date” column of the attached Table on the date indicated in the “payment date.”

C. On March 29, 2018, the Plaintiff concluded a contract with the Defendant to amend the terms and conditions of the instant contract (hereinafter “instant amendment contract”) and agreed to purchase the Edong F of 75.5918 square meters in exclusive use area among the total 325 households of apartment houses scheduled to be built in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnamcheon-gun, and the total 325 households of apartment houses (hereinafter “instant amendment contract”), with the Defendant to purchase KRW 207,00,000.

(hereinafter “instant modified contract”). The main contents of the instant modified contract are as follows.

Multi-family housing 325 households scheduled to be constructed on the ground of the Nowon-gu Kacheon-gun C, the object of the contract for the alteration of the purchase of the D apartment.

1. Site area: 13,931.00 square meters/total area: 39,805.8250 square meters;

2. Building scale: Classification that the outlines of apartment complexes with the 1st underground floor, 16-20 apartment complexes with the 325 unit units, 325 unit units, and ancillary and welfare facilities projected in the course of project authorization may be changed: 75 unit, exclusive area: 75.5918 square meters, E-dong, and lake: F unit area is the standard for residential area and the increase or decrease in the authorization can be made. In supplying the above-mentioned apartment units, B regional housing association (hereinafter referred to as “A”) which is the supplier and the cooperative members (hereinafter referred to as “B”) who are the applicant for the purchase of the above-mentioned apartment units shall enter into a contract for change

Article 2 (Contributions to Members)

1. Members;