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수원지방법원평택지원 2020.06.11 2018가단63660

부당이득반환청구 등

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All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. 1) The Defendant newly constructs multi-family housing in Pyeongtaek-si D (hereinafter “instant business”) in Pyeongtaek-si D (hereinafter “instant business”).

(2) On March 13, 2018, the Plaintiffs, both South and North Korea, entered into a contract with the Defendant, respectively, to join the association (hereinafter “instant contract to join the association”). The contract deposit paid to the Defendant is KRW 15 million by the Plaintiff A, KRW 18 million by the Plaintiff B, and the number of Dong units and units designated by the Plaintiff A is KRW 84 square meters, and KRW 59 square meters by the Plaintiff B.

[Indication of Object] Project outline

1. Site area: 77,761.00 square meters;

2. A Myeon register: 203,864.83 square meters.

3. Scale/number of households: The number of household units and unit units of the project, which are determined by the designation of units and units of the project, that the area and number of household units of the project can be changed in the course of authorization and permission, shall be determined by the designation of units and units of the project, on condition that Article 11 of this Agreement shall govern in the case of a contract for joining a regional housing association by the designation of units and units of the project.

Article 8 (Arrears Charges and Overdue Interest)

2. Where a member fails to pay his/her contributions, he/she shall settle it by applying the overdue interest rate calculated pursuant to the general provisions for overdue interest in loans of the bank granting an intermediate payment according to the number of overdue days, and where the amount paid falls short of it,

Article 10 (Defamation and Compensation for Damages)

1. The defendant may terminate this contract without giving notice of performance or taking other separate measures when a partner commits any of the following acts. In this case, the partner's qualification shall be automatically lost:

In such cases, any civil or criminal objection to this Agreement shall not be raised for the smooth promotion of the project, as the members are disqualified under the Housing Act and subordinate statutes, the Regulations of the Association, and the association agreement.

Provided, That the defendant shall pay the money paid by its members.