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(영문) 부산지방법원 2020.05.19 2019가단314595
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant obtained authorization for the establishment of a regional housing association (hereinafter “instant apartment”) from Busan Metropolitan City on May 11, 2018, as a regional housing association established to implement a new project of constructing an apartment on the land of 40 parcel of land of the Dong-gu Busan Metropolitan City, Dong-gu, Busan Metropolitan City E (hereinafter “instant apartment”).

B. On September 4, 2017, Plaintiff A entered into an agreement with the Defendant to enter into an association for the supply of the instant apartment complex, which was at the pre-approval for establishment of the association, and paid KRW 62,40,000 to the Defendant as an agent cost and a partner’s charge.

Plaintiff

B On August 25, 2017, upon entering into an agreement with the Defendant to enter into an association for the supply of the instant apartment, and paid KRW 63.4 million to the Defendant as an agent fee and a partner’s charge.

Plaintiff

C also entered into an agreement with the Defendant to enter into an association for the supply of the instant apartment on May 29, 2017, and paid KRW 67.4 million to the Defendant as an agent fee and a partner’s charge.

C. At the time of concluding each of the above agreements to join the partnership (hereinafter “instant agreements”), the Plaintiffs and the Defendant agreed to return the amount remaining after deducting the 1, 2, and 1, 2, and 1, and 2, from the shares paid by the Plaintiffs when the contract to join the partnership was inevitably cancelled or terminated due to the Plaintiffs’ personal reasons.

On November 5, 2018, the Defendant: (a) held an extraordinary general meeting of the partnership; and (b) proposed the “case of the decision on the selection of a contractor and the decision on additional contributions” to impose on each member the obligation to pay the additional contributions of KRW 4.3 million per square year; (c) however, the said agenda was rejected against each member.

However, the defendant shall hold an extraordinary general meeting of the association on November 13, 2018 again.

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