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(영문) 울산지방법원 2018.12.06 2018가합20343
부당이득금
Text

1. As to the Plaintiff A and B’s KRW 50,00,000, Plaintiff C and D, each of which was KRW 41,000,000 and each of the said money.

Reasons

1. Basic facts

A. The plaintiffs' membership 1) The defendant joined the housing construction project (hereinafter "the project of this case") under the Housing Act and subordinate statutes in Ulsan-gu, Ulsan-gu.

(2) On October 27, 2015, in order to promote the project, the local housing association is established with the authorization of establishment of the housing association from North Korea in Ulsan Metropolitan City with the authorization of establishment from the head of the Gu. (2) The Plaintiffs entered into a contract (hereinafter “instant contract for joining the association”) with the Defendant’s members, and Article 2 of the contract for joining the association at that time stipulates, “The down payment shall be refunded after the settlement of expenses, and the service charges shall not be refunded when the refund is made.” In addition, the time of the refund shall be determined in accordance with the rules of the association and the provisions of the trust company.”

3) The Plaintiffs paid the following business (administrative) cost and down payment to the Defendant pursuant to the instant partnership subscription agreement. The Plaintiff’s subscription date (the total amount of the administrative service cost and down payment 5,000,0000,0000 5,000,0000 5,500,000,000 on June 30, 2015 (the total amount of the administrative service cost and down payment 1,200,000,000,000,000 on June 30, 2015, 60,000, 600,000, 600,000, 000, 50,0000, 5,0000, 5,000, 17, 500, 27, 2700, 500, 6005, 3005, 3005, 2005

B. The purpose of this Code is to promote stability in the residence of the union members by prescribing the matters necessary for the projects of the E-regional housing association under the Housing Act, protecting the rights and interests of the union members, and facilitating the implementation of the projects.

Article 7 (Definition of Terms) The meaning of terms used in this Code shall be as follows:

1. Operational expenses of the partnership: the amount paid by the partners for the operation of the partnership's office, salaries of officers and employees, and other expenses;

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