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(영문) 부산지방법원 2020.02.06 2019가단308767
부당이득금
Text

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

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

Reasons

1. Basic facts

A. Defendant (tentative name)B District Housing Association Promotion Committee (hereinafter “Defendant Promotion Committee”) is an organization established to carry out the business of newly building and selling multi-family housing in Busan District D members (hereinafter “instant business”). Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a corporation engaging in the housing site preparation and sales business, etc., and is an agent delegated by Defendant Promotion Committee with the authority to carry out the instant business.

Article 5 (Qualification for Membership)

1. B (hereinafter referred to as “B”) shall maintain the qualification of the regional housing association members by the date of completion of registration of ownership as provided for in the Housing Act.

2. In relation to paragraph (1) above, where any ground for disqualification related to the maintenance of qualification of a regional housing association member occurs to B, the cancellation provisions of Article 10 shall apply.

Article 10 (Defamation and Compensation for Damages)

1. When there is an act falling under any of the following subparagraphs, A (the Defendant Promotion Committee; hereinafter referred to as “A”) may terminate the contract immediately without giving notice of performance or taking other separate measures:

In such cases, Eul is disqualified under the Rules on Housing Supply, the Regulations of the Association, and this Agreement, so it is not possible to raise a civil or criminal objection against Gap.

Provided, That a refund shall be made after deducting 10% of the total amount of sales from the contributions of the members of the association that he/she paid, and the administrative service cost shall be reverted to the full amount of the administrative service cost.

The time of refund shall be when the total contributions of the union members who succeed to the status of B are all deposited. D.

B When the qualification of a regional housing association member under the relevant laws and regulations has been lost;

2. If a violation of paragraph 1 occurs, Eul shall automatically lose its membership and shall not raise an objection even if A voluntarily releases Eul.

B. On April 10, 2017, the Plaintiff is an apartment building to be newly built under the instant project with the Defendant Promotion Committee (hereinafter “instant apartment building”).

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