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(영문) 창원지방법원마산지원 2017.11.22 2017가합100109
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. 1) (tentative name) The regional housing association promotion committee (hereinafter “promotion committee”)

(A) Around March 2016, the land in the Republic of Korea (hereinafter referred to as the “instant project site”) is the land in the Republic of Korea (hereinafter referred to as “instant project site”).

2) The apartment of a regional housing association with the 1st underground floor, 25th underground floor, 1,157 household units (hereinafter “instant apartment”).

) A new project (hereinafter referred to as “instant project”)

(2) Around April 2016, the promotion committee was established to promote the project of this case. (2) Around April 2016, the promotion committee entered into an administrative service contract for the project of this case with S & S, and entered into an agreement for fund management agency with S & S, and thereafter, a public relations center for housing was opened, distributed the leaflets, etc., and held an inaugural general meeting of the defendant around July 27, 2016.

3) The Defendant is an unincorporated association composed of non-corporate members recruited for the instant project, and it did not obtain an authorization to establish the association from the competent authority until the closing date of the argument in the instant case (a resolution was adopted to confirm the duties performed by the promotion committee at its inaugural general meeting, and the Defendant appears to succeed to the rights and duties of the promotion committee. Thus, the Defendant did not distinguish between the promotion

B. The Plaintiffs were from June 1, 2016 to the same year.

9. A person who entered into a contract with the Defendant to enter into a regional housing association (hereinafter “each contract of this case”) between around 28 and the Defendant (hereinafter “each contract of this case”) appears to have deposited the contract of this case into the account of the Mugunghwa Trust Co., Ltd., the Defendant, a fund management trust company

Of the contributions of the members, the amount equivalent to the amount stated in the table of claim amount in attached Form 1 was paid individually as the down payment, etc.

C. Some of the project site of this case is a collective community district designated as a Class-I general residential area as a Class-I general residential area after being released from a development restriction zone around 2005. Some of them are announced by the Ministry of Land, Transport and Maritime Affairs (T) around July 2009.

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