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(영문) 광주지방법원 2021.01.29 2020가단516112
부당이득금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant obtained authorization for the establishment of a housing association from the head of Pyeongtaek-si on February 3, 2016 as a regional housing association established to implement a housing construction project at Pyeongtaek-si C (hereinafter “instant project”).

B. Although the Plaintiff did not have the qualification for membership (six-month residential requirements), on September 10, 2015, the Plaintiff visited the office of the regional housing association B (tentative name) located in Pyeongtaek-si (hereinafter “promotion committee”) and prepared a “written promise to join the association, which is a staff member working at that place and the Plaintiff’s application to join the promotion committee as a member of the promotion committee, and paid KRW 20,000,000 as part of the contribution to the association members on the same day.

(c)

Upon the plaintiff's request, E/F shall enter into a membership agreement in its own name; E shall enter the promotion committee office on October 23, 2015; and F shall enter each of the promotion committee offices on October 26, 2015; and e/F shall pay the allotted amount (E 237,450,000, F 233,180,000) to its members; and shall receive the ownership of one unit of apartment newly built according to the project of this case in the future (hereinafter "agreement on membership of the association of this case"); and shall directly prepare the agreement on membership of each association of this case.

(d)

The Plaintiff paid KRW 10,00,000, respectively, on October 16, 2015, to the G account as part of the contributions of each of the instant partnership agreements, and paid KRW 10,791,000, respectively, on February 5, 2016.

E. However, notwithstanding the Defendant’s demand on several occasions after February 2016, the contributions under each of the instant agreements to join the association were not paid additionally, and accordingly, the Defendant treated E and F from its members on November 15, 2018.

F. Meanwhile, the Defendant comprehensively succeeded to the rights and obligations arising from the duties performed by the promotion committee, such as the membership agreement of the promotion committee.

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