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(영문) 창원지방법원 2020.01.09 2019가단3700
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 status of the parties is the regional housing association established pursuant to the Housing Act for the construction of apartment units in the Kimhae-si, and the Plaintiff is a person who entered into an agreement to enter into an association in order to purchase apartment units built by the Defendant for the purpose of building apartment units (the date of authorization for establishment).

B. On August 22, 2014, the Plaintiff entered into a membership agreement with the Defendant’s promotion committee and entered into a membership agreement with the effect that the ownership of one household of an apartment newly built pursuant to the housing construction project should be transferred by paying the Defendant’s association member’s contribution on the expenses for the project. On September 19, 2014, the Plaintiff entered into a membership agreement with the Defendant to enter into a membership agreement with the local housing association with the content that the ownership of one household of an apartment newly built pursuant to the housing construction project should be transferred by paying the Defendant’s contribution on the expenses for the project and paying the contribution to the association member’s contribution. On May 20, 2016, the Plaintiff entered into a membership agreement with the local housing association (a) including the construction cost, amount to be paid, payment method, time of payment, etc. of the balcony expansion construction (hereinafter “instant membership agreement”).

(2) In accordance with the instant subscription agreement, the Plaintiff paid KRW 79,830,000,000 for cooperative members’ contributions, KRW 9830,000,000 for agency expenses, and KRW 6 million for balcony expansion, from August 7, 2014 to June 7, 2018 under the instant subscription agreement. (2) Of the instant subscription agreement, the part related to the instant case is as follows.

Article 9 (Qualification for Membership and General Sale Price) (1) A person (B/contractor) who intends to become a partner of an association under Article 32 of the Housing Act, Articles 38 and 39 of the Enforcement Decree of the same Act, etc. shall meet the following requirements:

1. A household that fails to own a house from the date of application for authorization to establish a regional housing association until the time of moving into an apartment house of the relevant regional housing association, or only one household that owns a house with an exclusive residential area of 60 square meters or less;

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