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(영문) 의정부지방법원 2020.08.20 2018가단122175
부당이득금
Text

1. The Defendants jointly do so to the Plaintiff at KRW 15,00,000 and Defendant B District Housing Association promotion committee.

Reasons

1. Basic facts

A. Defendant B’s regional housing association promotion committee (hereinafter “Defendant B’s promotion committee”) is a promotion committee with the aim of establishing a regional housing association (hereinafter “instant association”) with the project site for the Flcheon-si as its project site. Defendant C (hereinafter “Defendant C”) is a company with the purpose of housing construction and sales business, commercial building sale and sales agency business, etc., and Defendant E (hereinafter “Defendant E”) is a company with the purpose of housing construction and sales business, commercial building sale and sales agency business, etc., and Defendant E (hereinafter “Defendant E”) is a company with the purpose of real estate sale and sales agency business, etc., and is a company for the purpose of

B. On June 27, 2018, the Plaintiff: (a) prepared a “first promise to subscribe to the Regional Housing Association” (hereinafter “instant promise”) to the effect that “G Housing Promotion Center” in the “G Housing Promotion Center” located in Scheon-si; (b) delivered the instant promise to Defendant Promotion Division; and (c) remitted KRW 3,000,000 to the company bank account in the name of H company as indicated in the instant promise document on the same day.

C. On July 2, 2018, the Plaintiff asserted that the Plaintiff was on July 1, 2018, but the agreement for joining the regional housing association (Evidence A9) is written on July 2, 2018.

In light of the above Housing Promotion Center, a regional housing association membership contract (hereinafter “instant membership contract”) was entered into with the Defendant Promotion Division and the Defendant C (hereinafter “instant agent”) in the name of the Plaintiff’s mother.

In the instant subscription contract, the exclusive area is indicated as “74.2 square meters,” and the same subparagraph is indicated as “Jho,” and the corresponding amount of payment was indicated as KRW 196,430,00 (181,030,000 for Union members’ contributions, and KRW 15,400,000 for business promotion expenses).

The Plaintiff, with K’s instruction, called the head of the public relations agency team at the site of entering into the instant subscription contract, remitted total of KRW 22,00,000,000, and KRW 15,000,000,000, to the corporate bank account in the name of H company.

E. The plaintiff.

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