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(영문) 부산지방법원 2020.10.29 2019가단325717
부당이득금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On December 17, 2018, the Defendant obtained authorization for the establishment of a housing association from the head of Busan Jin-gu, Busan to promote a housing construction project implemented in Busan Jin-gu C, and from the head of Busan Jin-gu.

B. Before its establishment on April 3, 2017, the Plaintiff entered into an agreement with the Defendant to enter into an association (hereinafter “instant pressure agreement”) with the district housing association (tentative name) as follows.

[Indication of Object] o project area: 2nd 2nd 2nd 35th 2nd 2nd 35th 2nd 2nd below ground (7nd 949nd o), the project outline is determined at the time of approval of the project plan (approval of the project plan). o housing type: 59type (Management Number Fb02) [the definitions and purpose)]

3. The Plaintiff is fully aware of the characteristics of partnership housing under Article 32 of the Housing Act and Article 38-39 of the Enforcement Decree of the Housing Act, that the project approval has not been finalized, that the recruitment of association members and the promotion of project plans have been carried out under approval for establishment of association, and applies for membership and

[Article 4 (Contributions to Cooperative and General Sale Price]

2. The plaintiff shall pay each contribution within the payment deadline in accordance with the schedule of payment of contributions to the association provided in the written consent to join.

(2) The amount of shares of cooperative members may be increased, decreased, or changed according to the number of shares for each floor or for each club, and there may be changes according to authorization or permission, such as approval for a project later.

(3) Members of a cooperative shall pay the contributions provided by the cooperative on a specified date and on a specified date, and an increase or decrease in the contributions shall be made in proportion to the total amount of the contributions paid.

[Article 5 (Administrative Service Costs)]

6. Administrative service costs paid at the time of application for membership shall not be refunded at the time of suspension of business and delay of business due to low contract rate set before the commencement, withdrawal of the plaintiff's contract, withdrawal from the partnership, replacement of union members.

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