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(영문) 춘천지방법원 원주지원 2021.02.02 2019가단58195
부당이득금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 37,00,000 and Defendant C Co., Ltd. with respect thereto from October 17, 2019.

Reasons

1. Basic facts

A. On April 15, 2017, the Plaintiff entered into a contract for joining the Plaintiff’s regional housing association and paid contributions, etc., with Defendant B’s regional housing association promotion committee (hereinafter “Defendant B housing promotion committee”) and entered into a contract for joining the Plaintiff’s regional housing association (hereinafter “instant subscription contract”) with the content that the Plaintiff applied for the supply of one household portion (74mm2) among apartment houses that the said regional housing association is a multi-family housing set up in D in the prime city of prime city, and paid KRW 22 million to the Defendant promotion committee on the same day as the contract deposit and the cost of promoting business affairs.

2) In the instant subscription agreement, the applicant for membership in the cooperative paid the share of the cooperative members divided into ① the contract deposit, intermediate payment, and remainder as the accounts for the designation of the cooperative members’ shares. On December 2, 2017, the Plaintiff deposited the share of KRW 150 million with the said account as the down payment on December 2, 2017.

B. 1) The Defendant Commission, on April 2017, intended to hold an inaugural general meeting of the regional housing association around the end of that year, but concluded a membership agreement with the regional housing association B until that time, concluded a contract with the Defendant Committee for the vicarious performance of duties with the F Co., Ltd. (hereinafter “Defendant Company”) concerning the new construction of the regional housing association B, which was executed by the Defendant Committee, when a person who failed to meet the qualification requirements for the members of the regional housing association under Article 21(1)1 of the Enforcement Decree of the Housing Act (hereinafter “unqualified subscribers”) was unable to hold a general meeting due to a shortage of quorum more than 150 households, and around May 2017, terminated the contract for vicarious performance of duties with the Defendant Company C (hereinafter “Defendant Company”).

2) The Defendants, on June 19, 2017, indicated the Plaintiff’s title “A statement of the probability of having a safe refund,” and, under the said title, the Plaintiff paid the down payment and the down payment paid by the members if the Plaintiff cannot obtain the authorization for the establishment of the association in the event that the Defendant’s promotion committee makes a safe refund only to the Defendant’s promotion committee.

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