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(영문) 부산고등법원 2021.01.14 2019나56831
부당이득금
Text

1. A. Of the judgment of the first instance, with respect to the promotion committee of the Defendant Z District Housing Association, the Plaintiff B, D, E, E, F, G, H, I, J, K, M, N,O, and others.

Reasons

1. Basic facts

A. The Plaintiffs are members of the committee for promotion of the Defendant Z District Housing Association (hereinafter “Defendant Z District Housing Association”) in order to purchase multi-family housing units to be newly built on the BL ground of Yangsan City.

2) The Defendant Promotion Committee is an organization organized through a general meeting of promoters on May 24, 2016 in order to promote the establishment of a regional housing association aimed at carrying out a new project for the said collective housing (hereinafter “instant project”).

3) Defendant AA Co., Ltd. (hereinafter “Defendant A”) is a company that entered into a service contract on June 29, 2016 with the Defendant Promotion Committee to act on behalf of the Defendant Promotion Committee for the administrative affairs of the instant project.

B. From October 2016 to December 2, 2016, the Plaintiffs entered into an agreement between the Defendant Promotion Committee and the Defendant Promotion Committee on joining the association. From October 2016 to December 2, 2016, the Plaintiffs joined the Defendant Promotion Committee as a member of the Defendant Promotion Committee, and paid the Plaintiff’s share of the association members and the expenses for promoting the business affairs, and received a unit of multi-family housing to be newly constructed according to the instant project in the future. However, each of the “contract for joining the Z District Housing Association” (hereinafter “instant agreement”) with the content that the Plaintiffs would designate the Defendant Company as an administrative agent for the instant project.

2) Meanwhile, when concluding each of the instant agreements with the Plaintiffs to join the association with the Defendant Promotion Committee, the remaining Plaintiffs, other than the Plaintiff A and C, agreed with each of the following contents (hereinafter “instant guarantee certificates”).

The Regional Housing Association of the Z (tentatively referred to as the Z) shall ensure that there is no additional contribution, other than the members' contributions and the cost of performing the duties specified in the agreement to join the association.

(tentative) The regional housing association of the area (tentatively referred to as the "Z") shall contribute to the members paid by the members when the project plan has not been approved.

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