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(영문) 창원지방법원 2020.10.22 2019나64386
부당이득금
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) The Defendant is a regional housing association established for the purpose of implementing 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 building of 591 households at the KRW 591 household level on December 28, 2017 (hereinafter “instant project”), and the land subject to the instant project is “instant project site”.

(2) On October 2014, prior to obtaining authorization to establish an association, the Plaintiffs are members who signed a contract with the promotion committee of the E Regional Housing Association (hereinafter “Promotion Committee”) and the Defendant to purchase each apartment unit (type 35/3) built by the Defendant and to join as the Defendant’s members (hereinafter “each of the instant subscription agreements”).

B. 1) Conclusion of each of the joining agreements of this case (hereinafter “A”) refers to the defendant who succeeds to the rights and obligations of the Promotion Council or the Promotion Council, “B” refers to the plaintiffs who are union members, and “the sick” refers to the agency business.

(2) The articles of association and the defendant association agreement (hereinafter “instant articles of association”).

(2) The Plaintiff’s purchase of each of the instant subscription contracts is governed by the former Housing Act (amended by Act No. 13435, Jul. 24, 2015; hereinafter the same applies) that applies at the time of entering into the

) The former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 26172, Mar. 30, 2015; hereinafter the same shall apply) and the former Enforcement Decree of the Housing Act.

The qualification requirements for the association members prescribed in each of the following shall be the object of each of the subscription agreements of this case [tentative indication of the object]: [tentative name] regional housing association project name: [tentative name the name of the F regional housing association, apartment association, and new project of new infrastructure and the name of the event shall be determined in the process of authorization for establishment/project approval.

The scale of business: G and D complex total area of 75,248 square meters, total floor area of 78,409,409.41 square meters, 209, 580 households and neighborhood living facilities with 20 stories above ground or 20 stories above ground can be somewhat changed in the process of business progress and authorization.

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