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(영문) 수원지방법원안양지원 2016.03.31 2014가합102833
부당이득금
Text

1. The plaintiff's lawsuit against the defendant B against the defendant C-Housing Reconstruction Project Association is against the defendant C-Housing Reconstruction Project Association.

Reasons

1. Basic facts

A. According to Article 43 of the Housing Act, the Plaintiff is the council of occupants' representatives comprised of representatives from each Dong for the management of the 3,143 units of overcheon-si A Apartment-si 48 units (hereinafter "the apartment of this case"). Defendant CHousing Reconstruction Project Association (hereinafter "Defendant CHousing Project Association") is an association established to promote the reconstruction of the apartment of this case, and Defendant B is the president of the Defendant Cooperative, and is the liquidator of the Defendant Cooperative.

B. 1) The Defendant Cooperative opened an annual meeting on May 10, 2008, and held the annual meeting on May 10, 2008, and the part excluding reading rooms and reading centers among the total 3,987 square meters of the community center, which is the common use area of the instant apartment (hereinafter “the instant community center”).

On May 28, 2008 and November 14, 2008, at a meeting of the board of representatives of the instant community center, the Defendant Union decided to conclude a lease agreement with the instant community center. 2) On November 27, 2008, prior to the completion of the occupancy of the occupants of the instant apartment, the Defendant Union drafted a lease agreement with the instant community center from the Defendant Association to the Plaintiff’s 250,000,000,000,000,000,000,000, and the lease agreement was again made on September 26, 2010 (the previous trade name was changed to the name as of September 26, 2010; hereinafter the same) by setting the lease period from the Plaintiff’s 20,000,000,000,000, 20,000,000, and 31,231,201.

According to the lease agreement (Evidence No. 4-2) revised and drafted as above, the lease deposit is KRW 150,000,000, monthly rent is KRW 20,000,000, and the lease term is from December 1, 2008 to November 30, 2013, and the lease term is from November 30, 201.

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