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(영문) 울산지방법원 2020.01.09 2018가합27306
부당이득금
Text

1. The defendant's KRW 68,825,00 for plaintiffs A, B, C, D, and E, respectively, and KRW 100,162,00 for plaintiffs F and G, respectively, and the plaintiff H, I, and J 58.

Reasons

1. Basic facts

A. The Plaintiffs entered into a contract with the promotion committee of the P Area Housing Association (hereinafter referred to as the “promotion committee”) to join (tentative name) a member of the P Area Housing Association to be newly established on the date indicated below (hereinafter referred to as “each of the instant agreements to join each of the instant associations”), and accordingly, paid contributions, etc. to the promotion committee or the Defendant as indicated below.

순번 이름 계약일자 납부금액(단위: 원) 합계 분담금 용역비 추가 분담금 1 A 2014. 12. 15. 54,225,000 10,000,000 14,600,000 78,825,000 2 B 2015. 4. 15. 54,225,000 10,000,000 14,600,000 78,825,000 3 C 2015. 5. 6. 54,225,000 10,000,000 14,600,000 78,825,000 4 D 2015. 1. 24. 54,225,000 10,000,000 14,600,000 78,825,000 5 E 2014. 12. 17. 54,225,000 10,000,000 14,600,000 78,825,000 6 F 2015. 1. 23. 54,225,000 10,000,000 45,937,000 110,162,000 7 G 2014. 12. 20. 54,225,000 10,000,000 45,937,000 110,162,000 8 H 2015. 1. 16. 45,743,000 10,000,000 12,800,000 68,543,000 9 I 2015. 1. 9. 45,743,000 10,000,000 12,800,000 68,543,000 10 J 2014. 12. 15. 45,743,000 10,000,000 12,800,000 68,543,000 11 K 2015. 4. 23. 41,156,000 10,000,000 10,600,000 61,756,000 12 L 2014. 12. 16. 41,156,000 10,000,000 10,600,000 61,756,000 13 M 2015. 2. 7. 41,156,000 10,000,000 32,334,000 83,490,000 14 N 2014. 12. 16. 41,156,000 10,000,000 51,156,000 15 O 2014. 12. 16. 41,156,000 10,000,000 15,600,000 66,756,000

B. On September 2015, the Defendant was established as a regional housing association with the authorization of establishment of the housing association from the head of Ulsan Metropolitan City south-gu, and succeeded to the rights and obligations under the instant association subscription agreement entered into by the promotion committee.

The main contents of the Defendant’s bylaws of association (hereinafter referred to as the “instant bylaws”) are as follows:

Article 8 (Qualification of Members) of the Rules of this case shall refer to the qualification requirements for members prescribed by the Housing Act and subordinate statutes, and shall be as follows:

Provided, That the housing (related laws) shall be changed.

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