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(영문) 서울중앙지방법원 2014.12.23 2014나39656
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of the lawsuit after the appeal shall be borne by each person.

purport, purport, and.

Reasons

1. Basic facts

A. The Defendant is a housing association established to build an apartment building of a regional housing association of approximately 7,469 square meters of a site area and approximately 42,498 square meters of a total floor area on the 25-8 Dong-dong, Dongjak-gu, Seoul Metropolitan Government, and sell it to its members, and obtained authorization for the establishment on July 7, 201.

B. On December 11, 2010, the Plaintiff and the Defendant delegated most of the authority to promote the construction of apartment houses of a regional housing association to the Defendant, and entered into a contract with a regional housing association with the purport that one household with an exclusive use area of 85 square meters is sold to KRW 524 million among apartment houses to be newly constructed (hereinafter “instant contract”), and agreed by the association regulations.

C. At the time of the instant contract, the Plaintiff paid to the Defendant the down payment of KRW 30 million (20 million in intermediate payment, etc.) on October 25, 201, including intermediate payment, etc. (20 million in intermediate payment). D.

On the other hand, Article 10 of the contract of this case shall be submitted to the defendant 14 days before the plaintiff intends to voluntarily withdraw due to his/her circumstances, along with a certificate of his/her seal impression for withdrawal from the partnership, and shall not be acknowledged to withdraw by any other means. It shall be limited to cases where a union approves withdrawal by resolution at a general meeting or the board of directors in accordance with the rules of the partnership (Paragraph (2). In cases where a membership contract is terminated before the commencement, ① an association agent fee and ② an amount equivalent to 10% of the total contributions to be paid

(4) The provisions of subsection (4) are specified.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5 (including virtual number), Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On December 11, 2010, the Plaintiff’s assertion that the Plaintiff reported the apartment sales advertisement of the “Saeaeky Lakykykykyk’s” at the newspaper. The Defendant’s sales counselor, “Saky Construction Co., Ltd., Ltd., the Sinky Construction Co., Ltd., Ltd., and the present sales record was completed at least

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