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(영문) 창원지방법원 2020.08.20 2020가합50204
부당이득금
Text

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

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

Reasons

1. Facts of recognition;

A. The Defendant was a regional housing association established in order to implement a housing construction project (hereinafter “instant project”) at the Ilwon in Kimhae-si, and obtained authorization to establish an association from the Kimhae-si market on June 8, 2017.

B. On November 21, 2015, the Plaintiff entered into a membership agreement with D Regional Housing Association (tentative name) (hereinafter “Promotion Council”) and entered into between the Plaintiff and the Plaintiff with a view to having the ownership of one household of an apartment newly built under the Housing Construction Project paid a contribution as a member of the Promotion Council and having the ownership transferred. Since then, the Defendant succeeded to the rights and obligations of the Promotion Council.

(hereinafter referred to as the “Defendant” without distinguishing between the promotion level and the Defendant.

On November 2015 to January 2016, the Plaintiff paid total of KRW 23,078,000 to the Defendant in terms of contributions (contract deposit) or business promotion expenses. D.

The Plaintiff was in the position of the householder on the resident registration at the time of entering into the instant subscription agreement, but on December 4, 2018, the Plaintiff lost the status of the householder upon being transferred to the Yeongdeungpo-gu Seoul Metropolitan Government E Apartment and Fho (including the transfer to a household as a member).

E. Meanwhile, the part relating to the instant accession agreement and the Defendant’s bylaws (Articles of Incorporation) are as follows.

In the construction of a partnership apartment in the apartment unit in the Seoul Special Metropolitan City, Kimhae-si (B), the president of the regional housing association (hereinafter referred to as the "A") and the Plaintiff (hereinafter referred to as the "B") who applied for membership in the partnership apartment, the implementer, shall enter into a partnership membership agreement with respect to one unit of the partnership apartment, which is scheduled to be constructed in the future, on the basis of mutual trust and good faith as follows.

Article 6 (Conversion into General Sale) In principle, the conditions of membership in the project are to be supplied to homeless members who have resided in the Gyeongnam-do for at least six months in the Gyeongnam-do and to household members who are owners of one house not exceeding 85 square meters, but the recruitment of union members is delayed during the project.

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