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(영문) 창원지방법원 2020.11.10 2019가단112215
부당이득금
Text

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, as a regional housing association established to implement a housing construction project, obtained authorization to establish an association from the Kimhae market on March 25, 2016, and obtained approval for a housing construction project (hereinafter “instant project”) with a content of newly constructing an apartment building of 756 households in one unit of land in Kimhae-si on December 28, 2017 (hereinafter “instant project”).

B. On November 28, 2014, before the Defendant’s establishment authorization was granted, the Plaintiff entered into an association membership agreement with the committee for promotion of a regional housing association (hereinafter “promotion committee”) with the content that the Plaintiff joined the association as a member of the Defendant and paid the shares of the association members, and that the ownership of one household of the newly-built apartment pursuant to the housing construction project should be transferred (hereinafter “instant membership agreement”), and the Defendant succeeded to the rights and obligations of the promotion committee.

C. The main contents of the instant subscription agreement (hereinafter “A”) and the Defendant’s covenant (a member of the Plaintiff, “B,” “A,” which succeeded to the rights and obligations of the promotion group or the promotion group, are as follows: (a) the former Housing Act (amended by Act No. 13435, Jul. 24, 2015; hereinafter the same shall apply); (b) the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 27444, Aug. 11, 2016; hereinafter the same shall apply); and (c) the current Housing Act, and the Enforcement Decree of the Housing Act (wholly amended by Presidential Decree No. 27444, Aug. 11, 2016; hereinafter the same).

[Indication of Object] Subject matter of this case: [tentative name] D regional housing association project name: [tentative name] E regional housing association, apartment association and new project name of new project of welfare facilities and new project name of city event shall be finally determined in the process of authorization for establishment/approval for project.

Business scale: F/G complex total business area 75,248 square meters / F complex total floor area 114,461.22 square meters, two underground floors from 20 to 12 apartment complexes with 20 square meters above ground.

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