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(영문) 대전지방법원천안지원 2020.11.20 2020가합102122
부당이득금
Text

1. The plaintiff is found not to be a defendant's member.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. The Defendant obtained authorization for the establishment of a regional housing association on March 4, 2016, which was established in order to implement a project that constructs apartment complexes, which are multi-family housing pursuant to the Housing Act and the Enforcement Decree of the same Act (hereinafter referred to as the “project”).

B. On May 9, 2015, the Plaintiff entered into a membership agreement with the Defendant and paid the Defendant a contribution for the expenses of the project, and concluded a membership agreement with the effect that ownership of one apartment household to be newly constructed pursuant to the instant project is transferred (hereinafter “instant agreement”), and paid KRW 25,500,000 to the Defendant as a contribution.

C. The parts related to the instant contract and the Defendant’s covenant of association (hereinafter referred to as the “Rules”) are as follows.

(A) “A” and “B” refer to the Plaintiff who is a partner of the instant contract) / [the qualification of a member of the instant contract] as stipulated in the Housing Act (including the Enforcement Decree, the Enforcement Rule, and other ordinances, etc. of the said Act; hereinafter the Housing Act, etc.], shall be maintained from the time of application for membership to the time of completion and occupancy.

Article 18 (Refund of Contributions, etc.) If a person becomes disqualified due to any cause referred to in the subparagraphs of Article 16, B may receive a refund of the contributions already paid only in accordance with the prescribed form of the union 15 days prior to the due date under the following subparagraphs:

1. The contributions paid in B shall be refunded free of interest after deducting the full amount of money paid in trust registration and down payment used for the purpose of taking into account the characteristics, conditions, etc. of the association housing, various project expenses (such as land agreements, advertisements, publicity expenses, design expenses, expenses for the construction of model houses, various fees, initial project expenses, expenses incurred in the operation of the association, the full amount of expenses incurred in the operation of the association business administration services, etc., and the contributions may be refunded when the new association members who succeed to rights and obligations are replaced and the contributions are paid in full;

Article 21 (Other)

4. Unless otherwise specified in this Agreement, the terms and conditions of the association shall be applicable.

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