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(영문) 창원지방법원 2020.10.22 2020가합50419
부당이득금
Text

1. The plaintiff confirms that he is not a member of the defendant B association.

2. The plaintiff's primary claim against the defendants and the plaintiff's primary claim.

Reasons

1. Basic facts

A. As a regional housing association established to implement a housing construction project, the Defendant Union obtained authorization from the Kimhae-si market to establish an association on March 25, 2016, and obtained approval for a housing construction project plan with the content of newly constructing an apartment with 756 households in the daily area of land E on December 28, 2017.

Defendant C Co., Ltd. (hereinafter referred to as “Defendant C”) is an agent dealing with all affairs for the implementation of the said apartment construction project (hereinafter referred to as the “instant project”), and Defendant C is the representative director of Defendant C.

B. On November 2014, prior to obtaining authorization to establish an association, the Plaintiff entered into a membership agreement with the Defendant Cooperative on the content that the Plaintiff would join the committee for promotion of the regional housing association (hereinafter “promotion”) and pay the shares of association members and acquire the ownership of one household of an apartment unit to be newly constructed according to the instant project (hereinafter “instant membership agreement”), and the Defendant Cooperative succeeded to the rights and obligations of the promotion committee.

(hereinafter referred to as the defendant union without distinguishing between the defendant union and the promotional group).

The Plaintiff paid 76,600,000 won in total to the Defendant Partnership as the contributions under the instant subscription agreement, agency expenses, etc.

On June 1, 2018, the Plaintiff prepared an apartment supply contract stating that the number of houses under the same subparagraph with the Defendant Union is “Gho-ho,” “84 others,” “38,040,000 won” and “338,040,000 won.”

E. On January 10, 2020, the Plaintiff lost the status of a householder by moving to a household member at the mother-friendly H’s residence.

F. The part relating to the instant case in the instant accession agreement is as follows.

(A) “A” means the Plaintiff who is a member of the Defendant Cooperative, “B,” and “B,” [the indication of the subject matter]: 1/2 complex total business area of 75,248 square meters/one complex: Total business area of 114,461.22 square meters/one complex: 20 square meters/one complex on the ground of two or more floors underground.

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