부당이득금반환 등 청구의 소
The plaintiff's appeal and the defendant B's regional housing association promotion committee's appeal are all dismissed.
Expenses for appeal shall be individually counted.
1. The reasons why the court should explain this part of the basic facts are the same as the part of the judgment of the court of first instance, in addition to the submission or addition of these basic facts as follows. Thus, this part of the judgment of the court of first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
A. On the 2th page of the first instance judgment, Defendant C Co., Ltd. (hereinafter “C”) was put into effect “Defendant C Co., Ltd. (hereinafter “Defendant C”)”.
B. On the second page of the judgment of the first instance court, “Defendant Promotion Committee” was added to “Defendant Promotion Committee” [The Defendant Promotion Committee entered into a contract in the name of “(tentative name) Regional Housing Association” (hereinafter “the instant association”)”].
(c)
In the third page of the first instance judgment, the following shall be added to the following three pages:
The terms and conditions of this case under the Agreement on the Admission to the Association are as follows.
Article 4 [Expenses to be borne by Members and Work Agency] (6) The expenses to be borne by Defendant C’s agent for the execution of the partnership project is the remuneration for the service to be performed by the partnership project of this case from the date when the Plaintiff entered into the partnership agreement to the time of moving into the partnership apartment, and no separate accounting procedure is followed against the Plaintiff. The Plaintiff may file any claim or objection against the Defendants, the contractor, and the fund manager.
Article 8 [Damages and Damages] (4) When a plaintiff intends to withdraw from an association, he/she shall apply for the withdrawal from the association in accordance with the prescribed form of the association 15 days prior to the date of the withdrawal, and only the principal out of the contributions of the union members shall be refunded only when a new union member who succeeds to the rights and obligations of the plaintiff and paid the contributions of the union members after joining the association on his/her responsibility
[....]
(d) No. 4 of the first instance judgment: (d) add, on the first instance judgment, the following:
F. Of the rules of the instant association (hereinafter referred to as the “Rules of this case”), the provisions pertaining to this case are as follows.
Article 12 (Members of Partnership)