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(영문) 창원지방법원 2020.10.16 2020가단100546
분담금 등 반환청구의 소
Text

1. The plaintiff confirms that he is not a member of the defendant.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit;

Reasons

1. Facts of recognition;

A. The Defendant is a regional housing association established to newly build an apartment unit in the land of Kimhae-si, and obtained authorization to establish an association from the Kimhae-si market on March 25, 2016, and obtained approval for a housing construction project plan (hereinafter “instant project”) with the content of newly constructing an apartment unit with a scale of 756 households on December 28, 2017.

B. On February 28, 2015, prior to the establishment authorization of the Defendant, the Plaintiff entered into an association membership agreement with the Committee for Promotion of the Regional Housing Association (hereinafter “Promotion Committee”) under which the Plaintiff is entitled to transfer the ownership of one household of an apartment newly constructed pursuant to the housing construction project after paying a contribution to the expenses incurred in the project as a member of the association and paying the contribution to the association members (hereinafter “instant membership agreement”).

C. The Plaintiff paid KRW 20,000,000 as the first and second down payment under the instant subscription contract, and KRW 10,000,00 as the agency service cost.

On March 31, 2018, the Defendant held an extraordinary general meeting and resolved to pay the shares of the association members in addition to the shares of the association members from KRW 4,078,00 to KRW 62,40,00 for each household due to reasons such as the lack of project costs due to the revision of the housing construction project plan and the extension of the project implementation

E. Around June 22, 2018, the construction project of this case has been changed once, but the construction project has not been commenced until now.

F. On July 1, 2020, the Plaintiff lost its membership as a member of a regional housing association under Article 21 of the Enforcement Decree of the Housing Act due to the change of the householder.

[Reasons for Recognition] A without any dispute, Gap evidence 9, Gap evidence 11 through 14, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. While the Defendant’s claim for return of unjust enrichment as the cause of the claim was promoted at the time of the instant accession agreement, the Defendant succeeded to the rights and obligations of the Promotion Division, the Defendant is not divided into the Defendant and the Promotion Division.

For the purpose of soliciting partners.

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