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(영문) 창원지방법원 2020.10.30 2019나65556
부당이득반환청구 등
Text

The plaintiff's appeal against the defendants and the claims added by this court are all dismissed.

after the filing of an appeal.

Reasons

1. Basic facts

A. The Defendant was a regional housing association established to implement a housing construction project (hereinafter “instant project”) in the Seocho-gu, Changwon-si, Changwon-si, and obtained authorization to establish an association from the original market on October 15, 2015, and announced the instant project plan on September 26, 2016.

B. On March 3, 2015, the Plaintiff joined a regional housing association promotion committee with the Plaintiff’s members, and paid KRW 205,050,000, and entered into an agreement to enter into an association (hereinafter “instant agreement”) with the content that the Plaintiff shall acquire ownership of one household of an apartment unit (a supplied area A) to be newly built according to the instant project (hereinafter “instant agreement”), and the Defendant association succeeded to the rights and obligations of the said promotion committee.

C. On March 3, 2015, the Plaintiff paid to the Defendant Union a total of KRW 29,50,000,000 in total, and KRW 9,753,00 on June 3, 2015.

The following are applicable to the instant contract and the rules of the Defendant Union (hereinafter referred to as the “instant rules”).

Article 2 (Opening of Business) (5) of the instant contract: A scheduled occupancy period for the first half of 2018 (determined occupancy period shall be determined at the time of issuance of the supply contract) 4 [Delegation of the authority for the business] members of the Defendant association recognize the representative of the regional housing association of the Defendant association, and delegate the authority of the association members and the promotion of the business to the Defendant association:

Article 13 / [Cancellation of Contract and Compensation for Damages] Article 13 of the Act on the Determination of Business Plan (including the number of households, deliberation, total floor area, number of floors, arrangement, etc.) (including modification of business plan), which is the overall management of affairs of a cooperative (including recruitment of partners, authorization for establishment and modification thereof, management of association members, borrowing, management and execution of funds of a cooperative, liquidation and dissolution of a cooperative, settlement and dissolution of a cooperative, drawing lot of houses, etc.)

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