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(영문) 부산지방법원 2020.08.14 2019가단339914

부당이득금

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 21, 2018, the Defendant was authorized to establish a new apartment (hereinafter “instant project”) with the Busan Southern-gu Seoul metropolitan area as a project site. The Defendant was authorized to establish an apartment (hereinafter “instant project”).

B. On June 1, 2017, the Plaintiff joined the Defendant’s membership and subsequently entered into an agreement to enter into an association (hereinafter “instant agreement to enter into an association”) with the content that he/she wishes to purchase Category D (59m2, Am2, and Am2 (hereinafter “instant agreement”). On May 31, 2017, the Defendant entered into the first down payment of KRW 5,000,000, and the first agency fee of KRW 6,000,000, and the second down payment of KRW 12,600,000,000, and the second agency business expenses of KRW 7,000,000, and the advance payment of KRW 24,640,000 on February 28, 2018, and part of the intermediate payment of KRW 200,000,700,005, etc. on September 28, 2018, as follows:

(A) Under the contract to join the association, “A” refers to the Defendant partnership, and “B” refers to the Plaintiff respectively. Article 2 of the contract to join the association (B) of the contract to join the association is divided into two categories: Article 2 of the contract to join the association; Article 4 of the number of households with the total floor area of 95,176.40 square meters in total area of the site area of the housing site located in Nam-gu Busan Metropolitan City, Busan Metropolitan City

1. The decision-making process was made with the MOU, and the decision-making process was finally made at the Assembly.

The provisional contract and this contract with respect to construction works shall be concluded on behalf of B by A who is delegated with the authority pursuant to Article 3.

2. The trial may be subsequently changed, and the time of such change shall be finally determined by the Assembly.

Article 7 (Shared Charges of Members and Management thereof)

6. Mutual association members' contributions, 10% 10% 10% 10% 10% 10% 10% 12,600 17,600 17,600,6017,600 17,600 17,600,6017,6017,6017,6017,600 17,600 17,600,6017,6017,6017,6017,60017,60017,6017,60017,6017, 60017, 60017, 305,200,200 (unit : : 35,200 won) association members' proxy payment schedule.