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(영문) 인천지방법원부천지원 2020.04.24 2020가합100245
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant Promotion Committee is a non-corporate group established to implement a housing construction project (hereinafter “instant project”) under the method of a regional housing association in accordance with the Housing Act and its Enforcement Decree in Kimpo-si D (hereinafter “instant prospective project site”), and the Defendant C Co., Ltd. (hereinafter “Defendant C”) concluded a service agreement with the Defendant Promotion Committee for providing consulting services on business support for the instant project and vicariously performed duties, such as concluding a membership agreement, for the Defendant Promotion Committee.

B. On June 28, 2018, the Plaintiff entered into a membership agreement with the Defendant Promotion Committee and the Plaintiff’s members of the Defendant Promotion Committee, which stipulates that the ownership of one household of an apartment newly built pursuant to the housing construction project shall be transferred (hereinafter “instant membership agreement”), and paid KRW 10,00,000 to the Defendant Promotion Committee on the same day, and paid KRW 20,00,000 to the Defendant Promotion Committee around the 30th day of the same month.

C. The part related to the issues of the instant case among the application for joining the association, the agreement for joining the association, the written consent of the business plan, the written consent of the customer confirmation, and the rules of the defendant's promotion committee to which the Plaintiff consented,

(tentative) The name of the association (for union members) in which the Defendant Promotion Committee, “B,” and “B,” are the Plaintiff who is a union member: (tentative) the application for joining the regional housing association (tentative name): 63A, and the number of club members: E

5.The above person himself, due to the characteristics of the project of the regional housing association, shall include the following: (a) the plan of the project established and promoted by the regional housing association B (tentative name) currently in the process of modifying or promoting the project plan; and (b) the process of project approval, approval, permission (deliberation, etc.) with the project approving authority; (c) the size of the site; (d) the total floor area of the project; (d) the increase

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