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(영문) 서울중앙지방법원 2019.11.28 2019가합42530
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. The parties concerned are comprised of 796 members of the Housing Reconstruction Project Association established on November 16, 2005 in order to implement a reconstruction project (hereinafter “instant apartment”) of the Gwanak-gu Seoul Special Metropolitan City L apartment (hereinafter “instant apartment”) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

The plaintiffs are the sectional owners who owned or owned the apartment units listed in the attached Table 1 among the apartment units of this case, and who are or were the members of the defendant.

B. (1) On May 12, 2006, the Defendant sent the following notice (hereinafter “instant notice”) to the Defendant’s members. After completing the registration of trust in the Defendant’s future on each apartment owned by the Plaintiffs, around 2006 and around 2007, the Plaintiffs completed the registration of trust in the Defendant’s future on each apartment owned by them, N, the spouse of the Plaintiff, owned the apartment head of the instant apartment head, and completed the registration of trust in the Defendant’s future. However, as N died on October 15, 2007, the Plaintiff completed the registration of transfer due to the ownership transfer on September 3, 2008, and completed the registration of trust in the Defendant’s future.

Upon concluding a loan contract with M Co., Ltd. (hereinafter referred to as "M"), each money mentioned in the "principal of the loan" in the attached Table was loaned as the moving expenses.

Cases of payment, relocation expenses, and registration of trust;

3. A resolution to pay the moving expenses of 70 million won to the representatives and the board of directors is passed, and the following documents shall be submitted by visiting the cooperative one week prior to the moving by submitting them to the cooperative:

D. The moving expenses of KRW 70 million shall be 5.46% prior to the 12-month period, and the interest accrued prior to the selection of the contractor at 4.86% after the selection of the contractor shall be returned to the principal account (e.g., the CD interest rate sharing, establishment, and bank receipt cost of KRW 720,000).

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