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(영문) 창원지방법원마산지원 2017.11.22 2017가합100017
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. (1) (tentatively named) Regional Housing Association Promotion Committee (hereinafter “Promotion Committee”)

A) Around March 2016, the JJ land in Changwon-si, Changwon-si, Changwon-si (hereinafter “instant project site”).

2) The apartment of a regional housing association with the 1st underground floor, 25th underground floor, 1,157 household units (hereinafter “instant apartment”).

) A new project (hereinafter referred to as “instant project”)

(2) Around April 2016, the promotion committee was established to promote the instant project. (2) Around April 2016, the promotion committee entered into an administrative service agreement with the Yong-NC Co., Ltd. on the instant project, and entered into a fund management agent agreement with the company, respectively, and thereafter, recruited its members by opening the housing campaign center and distributing the leaflets, and held the Defendant’s inaugural general meeting on July 27, 2016.

3) The Defendant is an unincorporated association composed of non-corporate members recruited for the instant project, and it did not obtain an authorization to establish the association from the competent authority until the closing date of the argument in the instant case (a resolution was adopted to confirm the duties performed by the promotion committee at its inaugural general meeting, and the Defendant appears to succeed to the rights and duties of the promotion committee. Thus, the Defendant did not distinguish between the promotion

B. B. The Plaintiffs are to enter into a contract with the Defendant and a regional housing association (hereinafter “each of the instant contracts”) between June 1, 2016 and around June 17, 2016.

As a party who entered into the contract of this case, it seems that the defendant deposited the money management trust account of the defendant into the account of the Rose of Sharon Co., Ltd.

Of the contributions of the members, the amount equivalent to the amount stated in the table of claim amount in attached Form 1 was paid individually as the down payment, etc.

C. Part of the project site of this case is a collective community district designated as a Class-I general residential area by being released from a development restriction zone around 2005, and part of it is the Ministry of Land, Transport and Maritime Affairs around July 2009.

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