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(영문) 창원지방법원 2020.10.22 2019가합55500
부당이득금
Text

1. The plaintiffs confirm that they are not members of Defendant C.

2. The plaintiffs' primary claims against the defendants are as follows.

Reasons

Basic Facts

① Defendant C (hereinafter referred to as “Defendant C”) is a regional housing association established to implement a housing construction project, and obtained authorization to establish an association on March 25, 2016 from the Kimhae market, and obtained approval for a housing construction project plan that constructs an apartment building of 591 households in the daily area of F land in Kimhae-si on December 28, 2017, and obtained approval for a revision to the project plan on January 14, 2020, with the content that changes the project plan on January 14, 202.

(2) On September 1, 2014, Defendant D Co., Ltd. (hereinafter referred to as “stock company”) concluded a contract for vicarious performance of administrative services with the committee for promotion of regional housing associations (tentative name) (hereinafter referred to as “promotion committee”) on September 1, 2014, for which the Defendant D Co., Ltd. (hereinafter referred to as “Defendant D Co., Ltd.”) entered into a contract for vicarious performance of services, and conducted affairs, such as recruitment of association members, authorization for establishment, joint association formation, management of association members, land purchase, approval of project plan, approval for usage inspection, etc.,

③ Defendant E is the representative director of Defendant D.

In around 2015, the Plaintiffs entered into a membership agreement (hereinafter “each of the subscription agreements of this case”) with each promotion committee and each of the members of the defendant association to pay the shares of association members and to acquire the ownership of one unit of an apartment newly constructed under the housing construction project of this case.

Since then, the defendant association succeeded to the rights and obligations of the promotion committee.

The part relating to each of the instant accession agreements is as follows.

(A) The term “A” means the defendant association that succeeds to the rights and obligations of the promotion committee or the promotion committee, and the term “B” means the plaintiffs who are the members of the promotion committee. [tentative name] The name of the regional housing association or apartment project: [tentative name] the name of the regional housing association, the apartment association, and the new project for appurtenant welfare facilities.

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