부당이득반환청구 등
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On January 7, 2017, the Plaintiff entered into a contract (tentatively named “instant contract”) with a regional housing association and a unit, or a new construction project for welfare facilities (hereinafter “instant project”) on the ground of a majority of the lots other than D, Hanam-si, under which he/she entered into a new project for B’s housing association (tentatively named “instant project”) and paid contributions to the association members as shown in the attached Table. The main contents of the instant contract are as follows.
BD EF GB D B B / (1) In carrying out the (tentatively named) regional housing association, apartment housing association, and non-resident housing construction project (hereinafter referred to as the “project”), the Plaintiff entered into this contract to establish a partnership with the status of approval of a project partner as a project proprietor in order to designate a regional housing association as a project proprietor under Article 32 of the Housing Act, Article 37 of the Enforcement Decree of the same Act, and Article 17 of the Enforcement Rule of the same Act. The Plaintiff agreed to carry out business activities for the establishment of partnership, related business activities, and the implementation of business activities for the commencement of the project.
(2) The Plaintiff, on behalf of the contractor to join the association members, shall have a business entity related to the implementation of the project, such as authorization and permission, act on behalf of the contractor, and shall promote this project in good faith and supply one apartment unit to the Plaintiff.
Article 11 [Rights and Obligations] (1) The plaintiff is aware of the progress of the project as a qualified housing partner under the Housing Act and subordinate statutes in which the approval for the project has not been finalized, and pays without delay the contributions of the members and agency expenses prescribed in Article 4 in accordance with the schedule of payment, and the union is obligated to provide one household with an apartment unit based on the schedule of construction entered into with the contractor, on the premise that the plaintiff's association members' contributions and agency expenses have been fully paid.
(2) The Plaintiff is faithfully obligated to enter into the membership agreement.