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(영문) 서울동부지방법원 2018.09.12 2017가단104751
부당이득금
Text

1. The Defendant’s KRW 69,120,00 for the Plaintiff and KRW 5% per annum from May 30, 2018 to September 12, 2018.

Reasons

1. Basic facts

A. On June 3, 2013, at the time when the Defendant Plaintiff entered into a membership agreement, the Plaintiff was called “C Regional Housing Association” before obtaining authorization for establishment, but succeeded to the rights and obligations of “C Regional Housing Association” under the said agreement upon obtaining authorization for establishment on June 26, 2014.

Therefore, the term "C regional housing association" before authorization for establishment and the defendant after authorization for establishment are all the defendants.

Between the Defendant’s membership and the Plaintiff’s membership, the Plaintiff entered into an agreement to enter into an association (hereinafter “instant membership agreement”) with the content that the Plaintiff would purchase one apartment house (56 square meters of exclusive use area, 391,200,000 won of the contribution of the association members).

The Plaintiff paid the agency cost of KRW 20,000,000 on the day of the contract as well as KRW 128,240,000,000, in total, until January 6, 2016.

On the other hand, at the time of entering into the instant subscription agreement, the Plaintiff made an undertaking to the Defendant to the effect that the Plaintiff would not raise any objection to the Plaintiff’s non-existent issues that may arise later due to the instant subscription agreement (hereinafter “instant undertaking”).

B. According to Article 32(5) of the former Housing Act (wholly amended by Act No. 12646, May 21, 2014; hereinafter “former Housing Act”) and Article 38(1)1 of the former Enforcement Decree of the Housing Act, in order to become a defendant’s partner, it is required to be a homeless householder (including one bond owner with an exclusive area of less than 60 square meters) from the date of application for authorization for establishment to the date of occupancy.

C. On May 7, 2014, the Plaintiff transferred his/her resident registration to his/her parent house, thereby failing to meet the requirements for membership qualification (the head of a non-house household).

The part related to the loss of membership in the membership agreement of this case and the defendant association agreement of this case (hereinafter referred to as the "agreement of this case") are as follows. Article 12 (Cancellation of Contracts and Compensation for Damages) of the subscription agreement of this case is as follows.

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