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(영문) 서울남부지방법원 2020.09.16 2019가단271504
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The parties concerned are organizations organized to establish a regional housing association that newly constructs apartment units pursuant to the Housing Act and the Enforcement Decree thereof (hereinafter “instant project”) with one project implementation district of Yeongdeungpo-gu Seoul Metropolitan Government as a project implementation district, and the Plaintiff is the Defendant’s member.

B. On April 2017, the Plaintiff entered into a partnership agreement and paid contributions, etc. with the Defendant and the Plaintiff entered into a partnership agreement with the effect that the Plaintiff would purchase an apartment unit to be newly constructed in the instant project (hereinafter “instant agreement”).

Under the instant contract, from April 1, 2017 to April 4, 2017, the Plaintiff paid KRW 22,000,000 for business services and KRW 5,000 for contributions, and paid KRW 20,000 for additional contributions on June 15, 2018 and October 19, 2018.

C. The main contents of the instant contract are as follows.

- (tentatively) Purpose B of a contract for joining the association

1. Project area: Yeongdeungpo-gu Seoul District Court; and

2. Area entered in the public register: 57,759.00 square meters; and

3. Actual use area: 42,542.00 square meters.

4. Total floor area: 152,775.09 square meters;

5. Scale/number of households: The number of households with 29 stories above the 2nd floor above the ground level (9 units of 1,091 units of 2nd floor) contract unit housing units below the 59A 5429.42 59.98 43.42 5 D, 59B 75.98 2.92.92.94 52.92.92 125.92.92.92 59C 125.369C 1589.98 59.98 125.98 83.06. 84A 1584. 8884. 9884. 17. 197. 197. 14. 20 and 196. 12. 1. 1. 1. 2. 1. 2. 1. 2. 1. 2. 2. 2. 2. 2. 2. 1. 2. 2. 2. 2. 2. 1. 2. 2. 2. 2. 2.

§ 1.

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