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(영문) 대구지방법원 2018.01.24 2017가단113843

부당이득금

Text

1. Defendant B’s regional housing association: KRW 58,500,000 for the Plaintiff and its related thereto from October 27, 2017 to January 24, 2018.

Reasons

1. The Defendant Cooperative is a regional housing association established to promote a housing construction project in accordance with the Housing Act and the Enforcement Decree thereof by making all the three project districts in Busan City as a project implementation district.

The defendant company is a company that vicariously executes all affairs related to the housing construction project of the defendant union.

On July 28, 2015, the Plaintiff entered into a membership agreement with the Defendant Union (hereinafter “instant membership agreement”) and paid the Defendant Union KRW 10,000,000,000 in total, as of July 24, 2015, and KRW 30,000 in the first contribution on July 28, 2015, and KRW 28,000,000 in the second contribution on November 20, 2015, and KRW 10,000 in the second contribution on November 23, 2015.

Article 3 (Qualifications of Members) (1) of the main contents of the instant subscription contract shall be refunded after deducting an amount equivalent to 5% of the total amount of contributions of members (390,000,000) under Article 7 (2) of the instant contract from the date of application for the establishment of a housing association to the date of possible occupancy of the relevant housing association, or after deducting an amount equivalent to 5% of the total amount of contributions of members (390,000,000,000) from the time of completion of payment due to substitution for a substitute member or a general buyer after the authorization for the establishment of a housing association.

The main contents of the rules of the defendant association shall refer to the qualification requirements for union members under the Housing Act and subordinate statutes, and shall be as follows:

1. A member of Article 14 who is a householder who fails to own a house from the date of application for authorization for establishment of a house to the date possible for occupancy of the house in question, or who owns a house with an exclusive residential area of 85 square meters

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