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(영문) 수원지방법원 2019.08.28 2018가단536350
부당이득금
Text

1. The plaintiffs' primary and conjunctive claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant, such as the Defendant’s composition for the establishment of a regional housing association, is an organization organized to establish a regional housing association to build and sell an apartment of the regional housing association at the location D (hereinafter “instant project”), and was notified on March 10, 201, of the allocation of an estimated market price of 0.487 m2 for the promotion of the said project from the Korea-si.

B. (1) On August 2016, the Plaintiffs and the Defendant entered into the instant subscription agreement with the Defendant, etc., and the Plaintiffs subscribed to the instant membership and paid the Defendant the share of expenses (Plaintiff A251,219,00, Plaintiff B241,170,000) regarding the instant project as the Defendant’s members, and the apartment (application type: 84.9m2, each area for exclusive use of 84.9m2, E (Plaintiff A), and F (Plaintiff B) to be newly constructed as the instant project (hereinafter “instant subscription agreement”).

(2) Each of the instant agreements entered into a contract. (2) The Defendant paid KRW 50,243,00 to the Defendant, and the Plaintiff A paid KRW 48,234,00 to the Defendant respectively.

C. (1) On November 7, 2016, the Defendant received an application for authorization to establish a regional housing association from the Gannam-si on the instant project. (2) On November 25, 2016, in the process of examining the Defendant’s said application, on November 25, 2016, the Defendant requested consultation under the relevant Acts and subordinate statutes to the Gannam-si Office of Education. On December 8, 2016, the Ganwon Office of Education sent a reply that it is impossible to place students to nearby elementary schools and middle schools.

3) On December 29, 2016, the Gi-si notified the Defendant of the purport that the consultation with the Gi-si Office of Education should be supplemented by January 31, 2017 with respect to the above non-assignment notification. 4) The Defendant failed to implement the above consultation. As such, on May 24, 2017, the Gi-si notified the Defendant that the entire quantity of the planned market price allocated to the Defendant prior to the failure to implement the conditions of the allocation of quantity, etc.

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