(영문) 서울동부지방법원 2020.12.11 2019나31797

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Reasons

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자간(%)

(영문) 서울동부지방법원 2020.12.11 2019나31797

부당이득금반환 청구의 소

Text

The plaintiff's appeal and the defendant (tentatively named) B's appeal are all dismissed.

Expenses for appeal shall be individually counted.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) the Plaintiff's claim against the Defendant (tentatively named)-B Regional Housing Association (hereinafter "Defendant Union") (hereinafter "Defendant Union") was added following the 4th page 19 of the judgment of the first instance; (b) the Defendant Union added the 5th page 2 of the judgment of the first instance to "compensation by tort"; and (c) the Defendant Union added to the judgment as to the 3th page 10 of the judgment of the first instance among the claims against the Defendant Co., Ltd. (hereinafter "Defendant Co., Ltd.") for the claim against the Defendant Co., Ltd. (hereinafter "Defendant Co., Ltd."), on the ground that the judgment on the assertion of tort falling under the 10th page 15 and 16 of the judgment of the first instance is as stated in the reasoning of the judgment of the first instance; and (d) the judgment is cited pursuant to the main sentence of Article 420 of

2. The addition;

G. The plaintiff by mistake concluded a contract to believe that the certificate of guarantee of the draft union agreement is valid at the time of the conclusion of the contract to join the association of this case. If the plaintiff knew of such fact, the plaintiff did not conclude the contract to join the association of this case. Thus, the plaintiff's contract to join the association of this case was revoked on the ground of mistake.

3. Additional determination

(a) Article 8(4) of the Agreement on the Subscription of the instant association asserted by the Defendant association; when a member intends to withdraw from the association, he/she shall apply for the withdrawal in accordance with the prescribed form of the association 15 days prior to the date, and only the principal out of the contributions of the association members shall be refunded, only when a new member who succeeds to the rights and obligations of the association member and paid the contributions to the association member

The agency cost for the project implementation services of the defendant company under Article 4 (6) shall be for the partnership project execution agent for the partnership from the date of entering into the partnership contract to the time of moving into the partnership apartment.

참조조문

-민사소송법 제420조

유사 판례

-부산지방법원 2019.11.21 2018가단332572

-창원지방법원 2020.01.16 2018가합55480

-대법원 2021. 10. 28. 선고 2021다257743 판결

-서울동부지방법원 2020.05.20 2020나21802

-서울북부지방법원 2020.10.27 2020나31362