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(영문) 부산지방법원 2019.12.18 2019나51642
부당이득금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's main claim is dismissed.

3. The defendant is charged with KRW 21,100,000 to the plaintiff.

Reasons

1. The basic facts ① the Defendant (tentatively named) regional housing association (hereinafter referred to as the “Defendant association”) is the executor of the regional housing association B or apartment (hereinafter referred to as the “instant apartment”) located in Busanjin-gu, Busan.

② On December 1, 2017, the Plaintiff entered into an association membership agreement (hereinafter “instant agreement”) with the Defendant Union to be supplied with one household of the instant apartment housing (hereinafter “instant apartment”), and the Defendant Union entered into a certificate of safeness (hereinafter “instant security agreement”) with the purport that “the Defendant Union will refund the entire amount of the authorization for establishment of the association in promoting the pertinent association’s business (when filing an application for authorization for establishment of the association within 2017).”

③ On November 28, 2017, the Plaintiff deposited KRW 500,000 in advance, among the down payment, KRW 9,500,000, and KRW 21,100,000, total sum of the down payment 11,10,000 on December 30, 2017, among the down payment of the first down payment of KRW 1,50,000, in D’s account.

④ On June 12, 2018, the Defendant Cooperative applied for the authorization to establish a housing association in relation to the instant apartment.

【Ground for Recognition: Each entry in evidence Nos. 1, 2, and 5, and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. 1) The Defendant Union concluded the instant contract using the terms and conditions, and the said contract is governed by the Act on the Regulation of Terms and Conditions (hereinafter “Standard Terms and Conditions Regulation Act”).

The contract of this case applies. However, in any case, ① the business promotion expenses paid by a partner are not returned (Article 7(6)10), ② the right to terminate the contract is not granted according to the unilateral judgment of the Defendant Union, and the right to raise an objection against it is not recognized, and when the deposit is completed by replacing new members and general buyers (Article 10(1) and (4). ③ The right to raise an objection against the project already implemented at the time of subscription is not acknowledged to the Plaintiff (Article 14, 4).

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