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(영문) 인천지방법원 2019.06.26 2018가단230235
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 43,224,60 and the interest rate of KRW 15% per annum from June 23, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. The Defendant is a regional housing association that is established for the purpose of building and supplying apartment houses of a regional housing association for the homeless members in Incheon Jung-ju Co., Ltd. (hereinafter “instant project”).

B. On January 18, 2017, the Plaintiff entered into a contract with the Defendant to enter into a regional housing association (hereinafter “instant contract”) with the purpose of joining the Defendant’s members, setting the size of application as KRW 59A, 59A, 150,123,00 in total, and 150,123,000 in total, among the members of the association.

C. Pursuant to the instant contract, the Plaintiff paid KRW 43,224,600, out of the cooperative members’ charges, to January 15, 2017 through January 25, 2018.

On May 12, 2018, the Defendant held the second extraordinary meeting and resolved on the agenda to share 16,574,625 won of each additional contribution to its members. Accordingly, on May 18, 2018, the Defendant notified the Plaintiff of the guide for the payment of additional contribution to pay the additional contribution in two installments.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1 through 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. In full view of the following facts and circumstances, it is reasonable to view that the Defendant, while entering into the instant contract and deceiving the Plaintiff as to whether additional contributions were incurred to the Plaintiff and the ratio of securing ownership in the instant project site, taking into account the following facts and circumstances that can be acknowledged by the respective entries in No. 3, 7, 9, and 12, Gap evidence No. 15, Eul evidence No. 15, and Eul evidence No. 15, and the purport of the entire pleadings.

1. At the time of the conclusion of the instant contract, the Defendant guarantees that no additional contributions will accrue in addition to the contents specified in the Agreement for Subscription to the Regional Housing Association (tentatively named) in concluding the membership of the Final Selling Price (Additional Contribution) and the Regional Housing Association (tentatively named)B in the Defendant’s office.

"Contents..."

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