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(영문) 울산지방법원 2020.05.22 2019가단102597
부당이득금
Text

1. The Defendant: (a) KRW 49,350,00 for Plaintiff A; (b) KRW 42,150,000 for Plaintiff B; and (c) KRW 30,000 for Plaintiff C and each of the said money.

Reasons

1. Facts of recognition;

A. The Defendant is an organization at the stage of the promotion committee for the establishment of the Choun-si Association as the implementer who promoted the apartment construction project of the regional housing association in the Ulsan-gu Eth, Ulsan-gu, and was not authorized to establish the association

Although the Defendant did not have obtained authorization for the establishment of a partnership, it refers to “partnership”, “president of a partnership”, and “members” according to the expression of the parties.

B. On April 26, 2016, Plaintiff A entered into an agreement for joining an association (hereinafter “each of the instant agreements”) with Hho Lake (74 square meters) as an object, Plaintiff B as an object on April 5, 2016, and Plaintiff C as an object of Gho Lake (59 square meters), and Plaintiff C as an object of Hho Lake (84 square meters) on May 20, 2016, respectively.

According to each of the subscription agreements of this case, the first down payment is the time of contract, the second down payment is the one month after contract, and the third down payment is the time of authorization to establish an association. The first and second down payment is all the Plaintiffs, respectively. The third down payment is KRW 15 million in the case of the Plaintiff A, KRW 1,935,000 in the case of the Plaintiff, KRW 1,2150,000 in the case of the Plaintiff B, and KRW 2,370,00 in the case of C.

C. Until June 20, 2016, the Plaintiffs paid a total of KRW 30 million in the sum of the first and second down payments.

On January 31, 2018, the general meeting of the defendant union (hereinafter referred to as the "general meeting of this case") was held.

The agenda of the instant ordinary general meeting was the case of appointment of Speaker pro tempore 1, 2, president of the association and officers (director), appointment of auditors, appointment of auditors, appointment of prospective president of the association under 3, advance payment of contributions to cooperative members under 4. The Plaintiffs did not attend the above general meeting but submitted a written resolution consenting to all the above agenda items.

At the general meeting of this case, executives including I resign, and new executives such as J have been elected, and all agenda items have been resolved.

E. On June 29, 2018, Plaintiff A paid 1,9350,000 won for the third down payment, and Plaintiff B paid 1,2150,000 won for the third down payment on May 31, 2018.

[Ground of recognition] dispute.

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