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(영문) 창원지방법원 2020.11.12 2020가합50785

부당이득금

Text

1. Ascertainment that the plaintiff is not a member of the defendant.

2. The plaintiff's remaining claims are dismissed.

3.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established to implement a housing construction project, and obtained approval from the Kimhae market to establish an association on March 25, 2016, and obtained approval for the housing construction project plan that newly constructs an apartment with a scale of 591 households at the KRW 591 household level in the land of Kimhae-si on December 28, 2017.

B. On December 24, 2014, before the Defendant’s establishment authorization was granted, the Plaintiff entered into a membership agreement with the committee for promotion of a regional housing association (hereinafter “promotion committee”) under which the Plaintiff would join the Defendant’s association members and pay the Plaintiff’s contribution and acquire the ownership of one household of an apartment unit to be newly constructed according to the instant project (hereinafter “instant membership agreement”). The Defendant succeeded to the rights and obligations of the promotion committee.

(hereinafter referred to as the defendant without distinguishing the defendant from the promotion group) C.

The Plaintiff paid 70,000,000 won in total to the Defendant for contributions under the instant subscription agreement, agency expenses, etc.

On May 27, 2018, the Plaintiff drafted an apartment supply contract under the same conditions as G Co., Ltd. on May 27, 2018 between the Defendant and the apartment house type “E”, “59C separately”, “236,380,000 won” and “F”. On October 18, 2019, the Plaintiff prepared an apartment supply contract under the same conditions as the construction scheduled company as G Co., Ltd.

E. On January 10, 2020, the Plaintiff, while combining his spouse H and his household members, lost his status as a householder by being incorporated into H’s household members.

F. On April 21, 2020, the Plaintiff sent a written withdrawal notice to the Defendant with content certification as follows:

The defendant's withdrawal notice is received: The plaintiff's withdrawal notice is given to the plaintiff on December 24, 2014 as follows, and the sender applied for membership to the ear Cooperative, but the project of the ear Cooperative is too delayed, and the sender becomes disqualified under the Housing Act. The sender is notified of withdrawal from the ear Cooperative.

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