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(영문) 창원지방법원 2020.01.07 2019가단100663
부당이득금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Around 2015, the Defendant Cooperative Promotion Committee recruited its members by promoting the establishment of a regional housing association with the aim of newly building a regional housing association apartment in the area of land D in Kimhae-si, 2015.

[Defendant Association Promotion Committee obtained authorization to establish a regional housing association on April 3, 2017. Since Defendant Association succeeded to the rights and duties of the Promotion Committee of Defendant Association, it refers to the following:

B. On December 30, 2015, Plaintiff A entered into an agreement with the Defendant Association on April 20, 2016, and Plaintiff B entered into an agreement with each of the Defendants Association.

At the time of entering into each of the above agreements to enter into an association, Plaintiff A designated E-dong Fho Lake (75.072m2, and Plaintiff B designated Plaintiff B as G Dong Hho (84.99m2).

The main contents of the plaintiffs' joining agreements are as follows:

Article 5 (Agents, Scope of Duties, etc.)

1. In promoting this project, the association will select an association proxy company to be an association agent in order to promote the organization, administration, tax/accounting affairs, business plan and authorization/permission, management of association members, support for various service plans, and business affairs related to securing project sites, etc., and the association proxy service contract shall separately be concluded by the defendant association association promotion committee, and the association shall succeed to it after authorization for the establishment of the association.

2. The agency expenses for an association means the expenses for services for the establishment of the association, approval of a business plan, and the performance of duties from the formation of the committee for promotion of an association from the commencement of the establishment of the committee for promotion of an association; the expenses for services shall be paid separately from the down payment for joining the association under Article 7 at the time of concluding a contract for joining the association; the service expenses shall be executed and managed in accordance with the written service contract for promotion of the affairs of an association concluded by the committee for promotion of an

3. The business promotion expenses of a cooperative shall be KRW 13,00,000 (Plaintiff A), 14,000,000 (Plaintiff B) per the total number of households constructed.

(excluding value-added tax). Members of Article 7

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