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(영문) 부산지방법원 서부지원 2021.02.09 2020가단104895
부당이득금
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The parties concerned are regional housing associations established with the authorization of the head of Busan Seo-gu Office to establish a housing association on August 25, 2017 in order to carry out a project for constructing multi-family housing in Busan Seo-gu D (hereinafter “instant project”).

The plaintiffs are those who have entered into a partnership agreement with the defendant.

B. On January 4, 2018, the Plaintiffs entered into each of the following agreements with the Defendant to enter into an agreement with each of the following associations (hereinafter “each of the instant agreements to enter into an association”) with the intent to purchase one household ( Plaintiff A: E, Plaintiff B: F) among the newly constructed apartment units (hereinafter “each of the instant agreements to enter into an association”).

Article 2 [Business Outline] Location: The number of households of 21,120.80§³ in Busan Seo-gu: The project site may be promoted according to the changed project scale if the project site is increased or decreased in consideration of business stability, etc. in the scheduled project implementation process.

In addition, the scale of the construction is changed in the process of one authorization and permission and the scale of the final business is determined upon the approval of the business plan (revision).

Article 7 (Contributions to Members and Management thereof)

5. The contributions of the association members under paragraph 6 apply differentiatedly in consideration of the relevant floor, direction, number of houses, etc. The Plaintiff’s “Plaintiff” is aware that additional contributions may arise due to the amendment of the relevant statutes, permission for business operator, purchase of land, design change, natural disaster, etc. In the event that surplus project costs accrue, the Defendant shall refund the Plaintiff the amount calculated by deducting the amount within the surplus project cost from the amount related to the Plaintiff based on the contributions under this Agreement.

Article 10 [Termination, etc. of Contracts]

1. The defendant may terminate the contract immediately without taking a peremptory or separate measure upon the plaintiff's act falling under any of the following subparagraphs. In this case, the plaintiff's member's qualification shall be automatically lost. In this case, the plaintiff shall operate the business in question:

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