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(영문) 대전지방법원천안지원 2019.05.31 2018가합100703
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant’s establishment authorization of the housing association 1) The Defendant newly built an apartment house in accordance with the Housing Act and the Enforcement Decree thereof (hereinafter “instant project”).

(2) On January 7, 2016, the Defendant obtained the authorization of the establishment of a housing association from the astronomical market pursuant to Article 32 of the Housing Act, and obtained the authorization of the establishment of a housing association on November 3, 2016 (398 members).

B. (1) The Plaintiffs indicated (tentatively named) Regional Housing Association (hereinafter referred to as “Defendant”) from July 2015 to February 2016, 2016 as the Plaintiff’s membership agreement.

B) Between the parties, the Plaintiffs joined the Defendant’s members and entered into a membership agreement with the Defendant to pay the Defendant the amount of the Plaintiff’s contribution, and to be supplied with the apartment from the Defendant. 2) The main contents of the above membership agreement

Article 1 of the Agreement on the Admission of Members / [Purpose] The purpose of this Agreement is to delegate all of the practical affairs of “B (Plaintiffs)” to “B (Defendants)” in order to facilitate the construction project of a regional housing association in the (tentative) Incheon P apartment zone, and “B” to supply “B” the apartment of the project to “B” by accepting it in good faith and promoting the project.

Article 2 (Opening of Business) (1) Details of the Project shall be as follows:

1. Location: Q Japan-dong, Nam-gu, Chungcheongnam-gu;

2. Site area: An area of a site which is 29,921.76 square meters shall be determined after a final survey.

3. Total floor area: 96,259 square meters;

4. Building scale: Apartment buildings of two stories above ground or 28 stories above ground and ancillary and welfare facilities;

5. The number of households: a total of 764 households (2) since the contents of the project are outlined by the plan, it may be somewhat altered in the process of subsequent authorization and permission, and the final decision shall be made at the time of approval of the project plan

Article 3 (Delegation of Authority to Project) (1) "B".

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