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(영문) 서울북부지방법원 2021.01.19 2019나39506

부당이득금

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport and purport of the appeal

1. The purport of the claim;

Reasons

(c) there is an increase or decrease in the size of the area of sale or a change in the scale of the project, and consent to the changed project plan without objection;

Article 4. Traceal expenses for Business Agency

1. The station expenses to be performed by proxy under Article 5 are 8,80,000 square meters (including value added tax) with the supplied area of 59 square meters as the agency expenses for the defendant's vicarious performance of this project on behalf of the association of this case, and shall be paid at the time of the payment of down payment.

(c)

On the same day, the Plaintiff agreed with the Defendant to revise the payment terms as follows pursuant to Article 3 of the instant contract.

Article 3 (Liability of Cooperative Members: 59 square meters) division [59 square meters] 7,500 8,800 7,982 108,376 30,965 163,622 7,100 8,80 8,800 7,700 70 28,70 28,580 28,580 6232 7,6232 7,60 8,80 8,80 7,80 70 7,80 70 7,80 720 28,70 151,70 6,721 6,6080 6,700 6,723293,325 26,664 1212 * A change in the status of the project under balcony * a separate plan to increase the project under the above-mentioned condition.

D. The Defendant issued to the Plaintiff a safe security certificate (No. 5, hereinafter “instant security certificate”) stating the purport that the Plaintiff shall guarantee that the Plaintiff did not have any additional contributions, other than the cooperative members’ contributions and business agency services, and that the Plaintiff shall refund the full amount paid by the union members upon approval of the non-approval of the business plan.

E. On February 16, 2017, the Plaintiff transferred KRW 16,300,000 for the first down payment (i.e., KRW 7,500,000 on behalf of 8,800,000 on behalf of 7,50,000), and the total sum of KRW 24,282,00 for the second down payment on March 22, 2017, to the account designated by the Defendant pursuant to the instant contract and the amendment agreement.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 4 through 7, 10, and the purport of the whole theory

2. The plaintiff's assertion ① the defendant faithfully carries out the business of this case.