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(영문) 서울동부지방법원 2020.01.23 2019가단103929
부당이득금
Text

1. As to the Plaintiff KRW 50,000,000 and KRW 5,000 among them, the Defendant shall pay to the Plaintiff KRW 50,000 from August 12, 2017, and KRW 20,000,00.

Reasons

1. Facts of recognition;

A. The defendant is the apartment of this case, "D apartment and below" at the level of Hanam-si C.

'The new project' is the project of this case.

B) On August 16, 2017, the Plaintiff entered into an agreement to enter into an association with the Defendant, setting forth KRW 34 square meters (356,000,000, and KRW 12,000,000,000 for cooperative members’ contributions with respect to the 84 square meters of exclusive use area) among the instant apartment buildings to be newly constructed by the instant project with the Defendant.

hereinafter referred to as the "agreement to join the partnership of this case"

C. At the time of the contract to join the association of this case, the Defendant is the Plaintiff’s certificate of guarantee of members’ draft contract (hereinafter referred to as “the certificate of this case”).

The Association issues and issues the following matters. [Guarantee of Refund of Payments] If this Association fails to complete deliberation by the competent authorities on traffic impact assessment and the Integrated Urban Planning and Building Joint Committee (Standard Plans, Construction Deliberation, etc.) within the first half of 2018, it shall guarantee the return of the full contributions of the Union members (including agency expenses) that it has paid to the Association by the members of the Association. [Effect Guarantee] This letter of Guarantee shall take precedence over the subscription agreements entered into between the Association and the members of the Association. He shall ensure that the matters concerned are more effective than the above subscription agreements entered into between the Association and the members of the Association. If the Association is under the process of deliberation by the competent authorities due to a review or supplement, etc. after receipt of the District Unit Planning and Construction Joint Committee (Standard Plans, Construction Deliberation, etc.) which is a traffic impact assessment and integrated review, the authorization and permission procedures are normally under way, and thus

On August 12, 2017, the Plaintiff paid KRW 5,000,000,000 under the name of advance payment among the down payment, and KRW 20,000,000 under the name of the remainder among the down payment on August 14, 2017, and KRW 25,000,000 under the name of the second down payment on November 1, 2017, as the Defendant’s fund manager’s account.

(e).

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