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(영문) 창원지방법원 마산지원 2021.02.09 2019가단106555
부당이득금
Text

All of the plaintiffs' claims are dismissed.

Of the litigation costs, the part arising between the plaintiff A and the defendant is the plaintiff A, and the defendant.

Reasons

1. Basic facts

A. The Defendant, as a promotion committee preparing for the establishment of a regional housing association under the Housing Act, planned to carry out the construction project of housing (multi-family housing) at the Fow-gu, Changwon-si (hereinafter “instant apartment construction project”).

B. Plaintiff A, December 1, 2015, Plaintiff B, July 18, 2016, Plaintiff C, October 4, 2016, and Plaintiff D, April 5, 2016, respectively, concluded a contract with each of the Defendant to join a regional housing association (hereinafter “each of the instant agreements”) with each of the Defendant (hereinafter “each of the instant agreements”) and around that time, the Defendant paid KRW 29 million as the Defendant’s share of expenses, KRW 29 million, KRW 19 million, KRW 29 million as the share of expenses.

(c)

On August 5, 2015, the Defendant agreed between G and G Co., Ltd. to be a sole implementer with respect to the instant apartment construction project until the Defendant acquires the legal status of the regional housing association under the Housing Act. When the Defendant acquired the above legal status, the Defendant and G agreed to be a joint implementer of the instant apartment construction project (see Article 11(1) Subparagraph 8 of the Urban Development Act, and Article 4 Subparag. 5 of the Housing Act). On January 4, 2018, the Changwon-si, Changwon-si, Changwon-si, Changwon-si, the site for the instant apartment construction project; G Co., Ltd.; the implementation period from January 4, 2018 to December 31, 2019; and the method of construction from January 31, 2018 to December 31, 2019, designated and publicly announced the urban development project under the Urban Development Act by expropriation or use.

(d)

Plaintiff

A around August 20, 2018; around November 9, 2018; Plaintiff C, around March 26, 2019; Plaintiff D, around September 12, 2019, sent to the Defendant a postal item to the effect that each of the instant agreements of the Association was revoked or revoked; and Plaintiff D, around September 12, 2019, sought the refund of each of the contributions already paid.

E. On October 24, 2019, the Changwon market changed the implementation period of the E urban development project from January 4, 2018 to December 31, 2024.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, 4 through 6, 9, Eul evidence Nos. 2, 3, 8, 14, 15, 17, 18, and 22.

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