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(영문) 대전지방법원 천안지원 2021.01.20 2020가단102224
부당이득금반환
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant (hereinafter “Defendant”) is a regional housing association established under the Housing Act in order to promote a housing construction project (hereinafter “instant project”) at ASEAN City C.

After holding an inaugural general meeting on March 18, 2015 through the stages of the committee of promoters, the Defendant obtained authorization for the establishment of an association on July 1, 2015, selected D and C as an agent, and obtained approval for a business plan on October 26, 2016.

The members of the cooperative shall bear the shares of KRW 145,00,000, KRW 500,000, KRW 1000,000 and the shares of KRW 10,000,00 for the cooperative members and interest-free (10%) at the principal’s own share (60%) in the first intermediate payment of KRW 10,00, KRW 00, KRW 1050, KRW 00 for the second intermediate payment of KRW 40, KRW 050, KRW 100 for the first intermediate payment of KRW 00, KRW 105, KRW 400 for the second intermediate payment of KRW 0, KRW 05, KRW 105, KRW 100 for the second intermediate payment of KRW 00, KRW 105, KRW 10,05, KRW 400 for the first intermediate payment of KRW 0,05, KRW 105,018, Oct. 20, 2017;

2. An increase or decrease in the size of sales in units or a change in the scale of business in the process of authorization and permission for the business, and consent shall be obtained without objection to the changed business

5. The contribution and payment schedule for each type of housing (1) The contribution set forth above shall be the contribution set up by setting a sale price on the basis of the base floor (4 to 10th floor) and after calculating the difference and change in the contribution amount according to the number of floors and units after drawing the housing, and after calculating the contributions determined by the number of units (4.5 million won shall be added to the total amount from 11th floor to 10th floor).

2. If the amount of contribution is determined pursuant to paragraph (1) 1 above, the amount of contribution determined shall be paid on the specified date and on the specified date, and the increased amount of contribution shall be the ratio compared to the total amount of the contribution for each specified period.

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