logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2020.08.19 2019가단94508
부당이득금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant is one of the non-corporate groups established for the purpose of constructing five apartment complexes with a total of 2,510 households (hereinafter “the instant apartment complex”) within the Yongsan-gu Incheon Metropolitan City in order to execute the instant housing construction project (hereinafter “instant housing construction project”), and the project area is D complex.

B. On February 10, 2018, the Plaintiff became a member of the Defendant’s association, and entered into an agreement with the Defendant to enter into an agreement with the Defendant for the purpose of selling the shares in E among the instant apartment units in KRW 315,58,00.

(hereinafter “instant partnership accession agreement”). C.

The Plaintiff paid KRW 10,00,000 for the down payment on February 10, 2018, and KRW 30,000,000 for the second down payment on February 19, 2018, and KRW 39,117,00 for the first installment payment on August 2, 2018, respectively.

Article 10(2) of the Agreement on the Joining Partnership provides that “When a plaintiff intends to voluntarily withdraw due to his/her own circumstances, he/she shall submit to the defendant a letter of withdrawal from partnership, along with a certificate of his/her personal seal impression for withdrawal from partnership, and does not recognize withdrawal by any other means, but only where a union recognizes withdrawal by a general meeting or a resolution of the board of directors pursuant to the

Article 12(1) of the Rules of the Defendant’s Union provides that “any partner shall not withdraw from the partnership at will: Provided, That when he/she intends to withdraw from the partnership due to an inevitable cause, he/she shall notify in writing the head of the partnership of his/her intention not later than 15 days, and the head of the partnership shall decide whether to withdraw from the partnership by a resolution of the general meeting or the

Each letter prepared and submitted by the Plaintiff at the time of the conclusion of the agreement to join the association of this case (hereinafter referred to as “each letter of this case”) shall be “I will not raise any objection to the result of the designation of Dong and Dong-ho, as well as to the sunshine, view, noise, etc. of the apartment after the conclusion of the agreement to join the association of this case (Article 6) and “I will do so.”

arrow