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(영문) 서울서부지방법원 2019.04.04 2018가단224333
부당이득금
Text

1. The Defendant: (a) KRW 14,00,00 for Plaintiff A; and (b) KRW 22,520,000 for Plaintiff B; and (c) for each of them, from July 27, 2017 to April 2019.

Reasons

The main issue of the instant case is whether the Defendant’s money to be returned to Plaintiff A includes KRW 9 million in addition to the union members’ contributions.

1. Facts of recognition;

A. The defendant is a regional housing association established to recruit its members and conduct the construction of multi-family housing in Ansan-si D, and the plaintiff A entered into a membership agreement with the defendant, and the plaintiff B is a father of the plaintiff A, who intends to succeed to all rights and obligations under the membership agreement of the plaintiff A. The following reasons are as follows.

B. Plaintiff 1. The instant contract (A2) 1 between Plaintiff A and the Defendant is an employee of the sales agency of the Defendant’s side to join as the Defendant’s partner (A21 person title “F of the E Business1 Team”).

(1) On November 20, 2015, a member joining agreement (A2; hereinafter “instant agreement”) entered into between the Defendant and another member joining agreement (hereinafter “instant agreement”) after hearing the answer that he/she owns one debt, other than one debt of 84 square meters apartment, and becomes a member joining agreement, seeking the answer that he/she becomes a member joining.

(B) The content certification sent by the Defendant on July 2017, 2017 states that “A sales business operator is entitled to subscribe to the Plaintiff is considered to have understood and explained as a pure commercial building having the function of a commercial housing without a person residing in the Plaintiff, and further reviewed by the agency at the time of applying for the authorization of the association, and it is anticipated that two commercial houses per household become a house under the Housing Act and become a disqualified person, and eventually, it was notified as disqualified at the time of approving the establishment of the association.”

(2) According to the instant contract, Plaintiff A paid KRW 14 million in total to the account of G stock company, which is a trust company (in the amount of KRW 3 million,00,000,000,000,000,000,000,000,000 won, which is paid to the agent of the Defendant’s company).

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