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(영문) 대전지방법원 2019.09.27 2018나114363
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The plaintiffs' preliminary claim part added by this court.

Reasons

1. Basic facts

A. The Defendant’s authorization to establish the housing association (1) is the regional housing association established to promote the housing construction project that newly constructs apartment units (hereinafter “instant project”) in accordance with the Housing Act and the Enforcement Decree thereof with the project implementation district of the Dong-gu, Chungcheongnam-gu, Incheon-si as the project implementation district.

(2) On January 7, 2016, the Defendant obtained authorization to establish a housing association under Article 32 of the Housing Act, and obtained authorization to change the establishment of the housing association on May 10, 2016 (398 members) from the astronomical market.

B. (1) Around August 30, 2015, the Plaintiffs entered into a membership agreement with the regional housing association (tentatively named) C (hereinafter “Defendant”) and entered into a membership agreement with the Defendant to pay the Plaintiff the Plaintiff’s contribution, etc. and to receive the apartment from the Defendant.

(2) The main contents of the above membership agreement are as follows.

Article 1 of the Agreement on the Admission of Members / [Purpose] The purpose of this Agreement is to delegate all of the practical affairs of “B (Plaintiffs)” to “B (Defendants)” in order to facilitate the construction project of a regional housing association apartment, and “B” to supply “B” apartments of the project by accepting them in good faith and promoting the project.

Article 2 (Opening of Business) (1) Details of the Project shall be as follows:

1. Location: D branch members in the south-gu, Dong-gu, Chungcheongnam-gu; and

2. Site area: An area of a site which is 29,921.76 square meters shall be determined after a final survey.

3. Total floor area: 96,259 square meters;

4. Building scale: Apartment buildings of two stories above ground or 28 stories above ground and ancillary and welfare facilities;

5. The number of households: a total of 764 households (2) since the contents of the project are outlined by the plan, it may be somewhat altered in the process of subsequent authorization and permission, and the final decision shall be made at the time of approval of the project plan

Article 3 [Delegation of Authority to Project] (1) “B” shall be the regional housing association of “A”.

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