부당이득금
1. The lawsuit concerning the claim for confirmation of non-existence of membership among the lawsuit of this case shall be dismissed.
2. The plaintiff's association.
1. Basic facts
A. The Defendant Cooperative is a regional housing association established to implement a housing construction project (hereinafter “instant project”) at Pyeongtaek-si D, and obtained authorization to establish the association from the head of Pyeongtaek-si on July 18, 2014, and Defendant C is the representative of the Defendant Cooperative.
B. Around April 8, 2014, the Plaintiff entered into a membership agreement with a district-based housing association (tentative name) (hereinafter “Promotion Council”) with the content that the Plaintiff would join as a member of the Promotion Council and pay a contribution, and that the Plaintiff would acquire the ownership of one household of an apartment unit to be newly constructed according to the instant project (hereinafter “instant membership agreement”), and thereafter, the Defendant Mutual Association succeeded to the rights and obligations of the Promotion Council.
C. On August 24, 2017, after the establishment of the Defendant Cooperative, the Plaintiff entered into a partnership supply contract between the Defendant Cooperative and the E Company selected as the contractor of the instant business.
(hereinafter referred to as “instant supply contract” and “each of the instant contracts” together with “instant subscription contract.”
During the period from April 6, 2014 to January 27, 2020, the Plaintiff paid KRW 91.5 million to the Defendant Cooperative as a member’s contribution and business promotion expenses, and thereafter the Defendant Cooperative refunded KRW 35 million among them.
E. On April 10, 2017, the Defendant Union received the approval of the instant project plan on the instant project (the scheduled commencement date of construction works March 29, 2017; September 27, 2019) and reported the commencement of construction works on May 27, 2020.
F. The part related to the instant case in each of the instant contracts and the rules of the Defendant Union (hereinafter “instant union rules”) is as follows.
Article 2 (Indication of Object) (4) of the Agreement on the Admission of this case: The number of households to be supplied with the F apartment, the area of the site, the supply square, the number of club trees, etc. can be changed to the initial time of the recruitment of members and the final approval of the project due to the plan before obtaining business approval from Pyeongtaek-si.