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(영문) 창원지방법원마산지원 2017.11.22 2017가합100567

부당이득금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) (tentatively named) M Promotion Committee (hereinafter “Promotion Committee”).

(B) Around March 2016, the Plaintiff’s land located in the Republic of Korea (hereinafter “instant project site”) in the Republic of Korea (hereinafter “instant project site”).

2) The apartment of a regional housing association with the 1st underground floor, 25th underground floor, 1,157 household units (hereinafter “instant apartment”).

) A new project (hereinafter referred to as “instant project”)

(2) Around April 2016, the promotion committee was established to promote the instant project. (2) Around April 2016, the promotion committee entered into an administrative service agreement with the Yong-NC Co., Ltd. on the instant project, and entered into a fund management agent agreement with the company, respectively, and thereafter, recruited its members by opening the housing campaign center and distributing the leaflets, and held the Defendant’s inaugural general meeting on July 27, 2016.

3) The Defendant is an unincorporated association composed of non-corporate members recruited for the instant project, and it did not obtain an authorization to establish the association from the competent authority until the closing date of the argument in the instant case (a resolution was adopted to confirm the duties performed by the promotion committee at its inaugural general meeting, and the Defendant appears to succeed to the rights and duties of the promotion committee. Thus, the Defendant did not distinguish between the promotion

B. The Plaintiffs were from June 1, 2016 to the same year.

9. A person who entered into a contract with the Defendant to enter into a regional housing association (hereinafter “each contract of this case”) between October and October, is deemed to have deposited the Defendant into the account of the Rose of Sharon, Co., Ltd., a fund management trust company of the Defendant in connection with each contract of this case.

Each member paid the money equivalent to the claim amount as the down payment, etc. among the contributions.

C. Part of the project site of this case is a collective community district designated as a Class-I general residential area as a Class-I general residential area after being released from a development restriction zone around 2005, and part of it is for "P" as announced by the Minister of Land, Transport and Maritime Affairs (O) around July 2009.