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(영문) 창원지방법원 2020.11.12 2019가합56954
부당이득금
Text

1. All of the plaintiffs' primary claims are dismissed.

2. The plaintiffs confirm that they are not members of the defendant's association.

3...

Reasons

Basic Facts

The Defendant, as a regional housing association established to implement a housing construction project, obtained authorization to establish an association on March 25, 2016 from the Kimhae-si market, and obtained approval for the housing construction project plan with the content of newly constructing an apartment with 756 households in the daily area of land H on December 28, 2017.

(2) On November 20, 2014, Plaintiff A entered into a housing construction project promoted by the Defendant (hereinafter “instant housing construction project”); Plaintiff B, November 28, 2014; Plaintiff C, January 16, 2015, respectively, with the Committee for Promotion of Regional Housing Association (hereinafter “Promotion Committee”) (hereinafter “Promotion Committee”) which is a telegraph of each Defendant, and the said Plaintiffs entered into a membership agreement (hereinafter “each of the instant subscription agreements”); and the Defendant succeeded to the rights and obligations of the Promotion Committee.

The part relating to each of the instant accession agreements is as follows.

(A) The term "A" means the defendant who succeeds to the rights and duties of the promotion committee or the promotion committee, "B" means the plaintiffs who are members of the promotion committee, "B" means the agency). [Attachment] : [tentative name] the name of the regional housing association, apartment housing association, and the name of the new project and the name of the Si’s event shall be finally determined in the process of authorization for establishment / project approval.

The scale of business: 14,461.22 square meters of total project area of 75,248 square meters of total project area of 1 and 2 complexes / one complex total floor area, 114,461.22 square meters of underground floors from 20 to 20 stories of ground, and 836 households and neighborhood living facilities business scale may be somewhat changed in the course of business progress and authorization and permission. A person scheduled to undertake construction: Jsi Corporation shall be a scheduled contractor for construction, and a contract for construction contract shall be entered into in accordance with the resolution of the general meeting of the association after authorization for establishment is granted.

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