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(영문) 의정부지방법원 고양지원 2018.04.20 2017가합73405
부당이득금
Text

1. The plaintiff's action of this case shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Plaintiffs are the parties to the instant land for approximately 40,000 square meters in Yongsan-gu Seoul Metropolitan Government DK for the purpose of building and supplying multi-family housing for homeless members (hereinafter “instant land”).

(1) The DL Housing Association established on September 1, 1993 (hereinafter referred to as the “instant association”) with the area intended to implement the project as the area intended for the project.

A) Members of the instant association are the Plaintiffs. The Plaintiffs paid the amount equivalent to each money indicated in the “claim for Refund of Contributions” column in the attached list as contributions to the instant association. The instant association from the time of its establishment to the date of the closure of pleadings, which did not apply for the authorization to establish a housing association to the competent authority. 2) The Defendant is a person who performed the duties of the said association as a joint representative of the emergency countermeasure committee of the said association, as seen earlier after becoming a member of the instant association around January 1995.

B. The instant association attempted to purchase the instant land from 321 members, including the Plaintiffs, and attempted to newly construct a collective housing by using the share of the association members of KRW 27 billion raised from 321 members, as business funds. The said land is the school juristic person DoM (hereinafter “DM”) at the time.

The instant association entered into a contract to purchase the instant land in KRW 245,145,00,000 with DM on September 7, 1993. 2) The instant association borrowed a promissory note from DI on September 7, 1993 and delivered it to DM on November 23, 1993 on condition that DI would have granted DI’s right to construct the instant ground apartment construction project, on September 6, 1993.

3 DM applied for approval to trade the above sales contract to the Ministry of Education on January 6, 1994. However, on January 7, 1994, the Ministry of Education prior to the above sales contract, the preparation for the school relocation project and the drawing of agreement among school members, and the land of this case, which is the basic property.

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