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(영문) 서울중앙지방법원 2015.10.30 2015가단5053509
부당이득금
Text

1. The Defendant: (a) KRW 102,420,000 for the Plaintiff and 5% per annum from April 11, 2015 to October 30, 2015; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The Defendant was a regional housing association established to promote a housing construction project in Dongjak-gu Seoul Metropolitan Government C (it obtained authorization from the head of Dongjak-gu on January 25, 2008). Around July 2007, the Plaintiff entered into a membership agreement with the Defendant (hereinafter “instant membership agreement”).

B. The main contents of the instant membership agreement are as follows.

Article 1 (General Provisions) The Plaintiffs are qualified housing members provided for in the Building Act, Article 32 subparag. 5 of the Housing Act, and Article 38(1) of the Enforcement Decree of the same Act, and have them carry out the project at a predetermined state of the approval of the project. As such, the Plaintiffs shall delegate all of the related affairs to the Ai Support Line, which shall be entrusted to the Ai Support Line, to execute the project on behalf of the Ai Support Line, and shall pay the remuneration for the implementation expenses for the profits other than the neighborhood living facilities and the final contributions

The Defendant and ADDD Co., Ltd. shall supply the Plaintiff with one apartment unit contracted by the Plaintiff among the apartment units with an area not exceeding 85 square meters for exclusive use (or business approval) according to the final inspection (or the number of supply areas may be somewhat increased or decreased according to the matters of authorization and permission) based on the construction contract and business schedule to the households that fully paid the contributions of association members and business promotion expenses.

Article 4 (Contributions to Members) The Plaintiffs shall bear the following contributions:

(1) Article 8 (Liability for Business Promotion Expenses) 1 of the Act provides that the plaintiffs shall pay business promotion expenses in lump sum to the defendant for the smooth performance of the business affairs of the association, and the defendant shall pay business promotion expenses in lump sum to the agency. 2) The separate accounting settlement procedure for business promotion expenses is not followed, and the plaintiff and the defendant shall not raise any objection thereto.

Article 9 (Withdrawal of Members and Refund) When the plaintiffs desire to withdraw from the partnership, the partnership shall be made two weeks prior to the date of withdrawal.

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