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(영문) 부산고등법원 (창원) 2021.01.14 2020나12267
부당이득금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

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

Reasons

1. Basic facts

A. The Defendant is a regional housing association established to promote a housing construction project with the construction of new apartment units (hereinafter “project in this case”) in the land unit of the land unit in Changwon-si, Changwon-si, which obtained authorization for the establishment of an association from the Changwon-si market on October 28, 2015. On July 12, 2016, the Defendant obtained approval for a project plan to newly construct an apartment unit with 515 households (hereinafter “the apartment unit in this case”) on the said project site.

B. On July 14, 2015, before the Defendant obtained authorization for the establishment of an association, the Plaintiff entered into a membership agreement with the Defendant Promotion Committee (hereinafter referred to as “Defendant” without distinguishing the Defendant from the Defendant’s and the Defendant’s Promotion Committee), with the purport that the Plaintiff signed a membership agreement and paid the shares of the Plaintiff to the Defendant and received the ownership of one household of an apartment newly built pursuant to the instant project (hereinafter “instant membership agreement”).

(c)

The part related to this case in the membership agreement of this case is as follows (the defendant "A" and "B" refer to the plaintiff who is a member of the association). [Attachment] unit household (application): 68m2 and 0m2 [supply Price and Payment Method]

1. “A” shall supply the above indicated property by the following means and “B” shall pay the relevant amount to the bank account as indicated below (the imposition of interest late at the expiration of the agreed date) by no later than a fixed date (the imposition of interest at the time of the lapse of the agreed date). A member’s contribution (supply (supply price) for each housing-type recruitment unit, the first down payment and the second down payment and the intermediate payment payment of 208m208,000 5,000 15,800 m20,800 m20,800 m20,600 m20,600 m20,800 m20,60

3. The station expenses for business use shall be ten thousand won per household of the number of households to be supplied (excluding value-added taxes); and

1. Members’ contributions (hereinafter “shares”) include the amount of expenses associated with the project following the project implementation of the project, such as operating expenses, land purchase expenses, construction expenses, and project expenses of the cooperative, and the cost for the business use (hereinafter “service cost”).

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