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(영문) 창원지방법원 2020.10.22 2019가합55678
부당이득금
Text

1. The plaintiff confirms that he is not a member of the defendant B regional housing association complex.

2. The plaintiff's defendants.

Reasons

1. Basic facts

A. As a regional housing association established to implement a housing construction project, the Defendant Mutual Aid Association obtained approval from the Kimhae market on March 25, 2016 for the establishment of an association, and obtained approval for the housing construction project plan that newly constructs an apartment of 756 households in the daily area of land in Kimhae-si on December 28, 2017.

Defendant C is the president of the Defendant Union.

Defendant D Co., Ltd. (hereinafter referred to as “Defendant D”) is an agent who performs all the affairs for the implementation of the said apartment construction project (hereinafter referred to as the “instant project”), and Defendant E is the representative director of Defendant D.

B. On March 2015, prior to obtaining authorization to establish an association, the Plaintiff entered into a membership agreement with the Defendant Cooperative on (tentative) G Regional Housing Association Promotion Committee (hereinafter “Promotion Committee”) with the content that the Plaintiff would join the Defendant Cooperative as a member of the association and pay the shares of the association members and acquire the ownership of one household of the apartment house to be newly constructed according to the instant project (hereinafter “instant membership agreement”), and the Defendant Cooperative succeeded to the rights and obligations of the Promotion Committee.

(hereinafter referred to as the defendant union without distinguishing between the defendant union and the promotional group).

The Plaintiff paid 71,00,000 won in total to the Defendant Partnership as the contributions under the instant subscription agreement, agency expenses, etc.

On May 29, 2018, the Plaintiff drafted an apartment supply contract with the Defendant Union as follows: “H-ho; “59Clin”; “236,380,000 won”; and “236,380,000 won.”

E. On September 11, 2019, the Plaintiff lost the status of a householder by moving into a household member at the first place of residence.

F. The part relating to the instant case in the instant accession agreement is as follows.

(A) “A” means the Defendant Union, “B” means the Plaintiff who is a member of the Plaintiff). [Attachment] Business size: 1/2 complex, total business area of 75,248 square meters/one complex: Total business area of 114,461.22 square meters/ square meters.

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