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(영문) 창원지방법원 2020.10.16 2019가단114044
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a regional housing association established to newly build an apartment unit in the land of Kimhae-si, and obtained authorization to establish an association from the Kimhae-si market on March 25, 2016. On December 28, 2017, the Defendant obtained approval of a housing construction project plan for newly constructing an apartment unit with a scale of 756 households on December 28, 2017 (hereinafter “instant project”).

B. On January 2, 2015, prior to the Defendant’s establishment authorization, Nonparty D entered into an association membership agreement with the E Regional Housing Association Promotion Committee (hereinafter “Promotion Committee”) with the content that D is obligated to pay the association members’ contribution on project expenses and transfer the ownership of one household of an apartment newly built pursuant to the housing construction project (hereinafter “instant subscription agreement”).

C. D paid KRW 49,880,000 as the first and second contributions, agency expenses, and the first installment payment under the instant subscription agreement, as shown in the attached Form.

On June 25, 2015, the Defendant: (a) held an inaugural general meeting on June 25, 2015 to approve the duties performed by the promoters; (b) passed a resolution to succeed to the rights and obligations under the contract entered into by the promoters; and (c) obtained authorization to establish each association on March 2

E. On March 31, 2018, the Defendant held an extraordinary general meeting and made a resolution to pay additional shares of members from KRW 4,078,00 to KRW 62,04,00 for each household due to the lack of project costs due to the change of the housing construction project plan and the extension of the project implementation period.

F. On May 30, 2018, D entered into an apartment supply contract with the Defendant to change F Company to the contractor, and to increase the shares of its members, according to the resolution of the above special general meeting.

G. Around August 28, 2018, F Co., Ltd. notified the Defendant of the absence of commencement due to the failure to prepare a supply contract between its members and the payment of contributions.

H. On October 28, 2018, the Plaintiff transferred the Defendant’s membership from D.

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