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(영문) 창원지방법원통영지원 2019.02.28 2018가단25679
부당이득금
Text

1. The plaintiff's main claim is dismissed.

2. The plaintiff confirms that he is not a member of the defendant.

3...

Reasons

Basic Facts

The Defendant Union is a housing association established to build apartment houses of a regional housing association (hereinafter referred to as “instant project”) and sell them to its members within the C Group at the same time. On February 14, 2015, the Defendant Union filed an application for authorization to establish a housing association at the same time, and obtained authorization to establish a housing association on April 28, 2015.

The date of the preparation of the instant contract on November 17, 2014: Provided, That the date of the actual payment of the first contract is November 9, 2014.

The Defendant Union and the Plaintiff entered into an agreement to enter into an association (hereinafter “instant agreement”) with the content that the Plaintiff would purchase one household (Ddong E) out of apartment units of the regional housing association to be newly constructed after joining the Defendant Union as a member.

The contributions and the payment schedule under the contract of this case shall be as follows.

On October 16, 2018, the Plaintiff stated that the amount of contributions from the 7th to the 1st 4th 1st 4th 78,580,000 won was paid. This constitutes a contribution to the 1st 4th th th th th th th th th th th th th th th th th th th th th,

From November 9, 2014 to May 4, 2017, the Plaintiff paid a total of KRW 49,740,000,000, and around 2017, the Plaintiff borrowed KRW 40,000 from the F Savings Bank as an intermediate payment. The F Savings Bank directly paid KRW 40,000,000 to the Defendant Union.

【The contributions and payment schedule】 2014.20, 740, 740, 880, 880 20, 880 20, 880 20, 20, 880 20, 20, 880 20, 880 20, 880 20, 880 20, 880 20, 880 20, 880 20, 880 20, 880 20, 880 20, 880 20, 880 20, 20, 880 20, 880 20, 880 20, 2017, 1010, 2010, 2010, 210, 2010, 210, 2010

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