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(영문) 대구지방법원 서부지원 2021.03.10 2019가단66740
부당이득금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a regional housing association established with the authorization of the establishment of a housing association on April 4, 2016 in order to promote a project to build multi-family housing (hereinafter “instant project”) pursuant to the Housing Act at the Seogu Seo-gu C Headquarters.

The Defendant applied for approval of the business plan on July 30, 2018 for the instant business and obtained approval on November 9, 2018.

B. On September 24, 2015, the Plaintiff entered into a membership agreement with the regional housing association (tentative name) and paid a share of money, etc. as a member of the regional housing association to be established after drilling, and entered into a membership agreement with the regional housing association to be supplied with one household unit of an apartment of 84 square meters from the regional housing association (hereinafter “instant membership agreement”).

According to the schedule for the payment of the subscription contract of this case, the amount of KRW 20 million, among the down payment that the Plaintiff shall pay to the Defendant (i.e., the amount of KRW 20,000,000,000,000,000 in the first and the second and second instances of the subscription contract, and KRW 30,000,000,000,000,000,000,000,000,000,000,000,000

On September 22, 2015, the Plaintiff paid the Defendant the sum of KRW 5 million for a provisional contract, KRW 15 million for the remainder of the first down payment on September 24, 2015, and KRW 40 million for the second down payment on November 20, 2015.

(c)

On December 18, 2017, April 29, 2018, the Defendant held an extraordinary general meeting and decided to pay the additional contributions of KRW 19 million to its members on the grounds of the increase of construction cost, the increase of financial cost due to the loan of land sub-head, and the increase of the land price for the project.

(d)

Around August 17, 2018, the Defendant urged the Plaintiff to pay the 3 and 4th down payment by no later than August 24, 2018, and notified the Plaintiff that the Plaintiff could be expelled if the payment is not made by the said deadline. Since then, the Plaintiff provided an opportunity to vindicate to the Plaintiff, but the Plaintiff did not comply with it, and the Plaintiff was expelled through a resolution of the board of directors on November 8, 2018.

E. Termination of the subscription agreement or expulsion of union members under the instant subscription agreement and the Defendant’s bylaws.

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