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(영문) 서울중앙지방법원 2021.03.18 2019가합590725
부당이득금
Text

Of the instant lawsuit, the conjunctive claim is dismissed.

The plaintiff's primary claim is dismissed.

The costs of lawsuit.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established to implement a housing construction project that constructs apartment units (hereinafter “project of this case”) in accordance with the Housing Act and the Enforcement Decree thereof with Japan-si C as a project implementation zone.

B. On May 25, 2017, the Plaintiff entered into a partnership membership agreement with the Defendant Promotion Committee on the content that he/she will purchase Category D among apartment units to be newly constructed following the implementation of the instant project (hereinafter “instant subscription agreement”), and paid down payment of KRW 11,200,000 on the part of the Defendant, 12,000,000 on business agency, and KRW 23,110,000 on the first intermediate payment.

(c)

The relevant provisions of the subscription agreement of this case are as follows.

Article 2 (Qualification of Members of the Union) The qualification of members of the Union shall be limited to the head of a homeless household (including the head of a house with an exclusive area of 85 square meters or less) who has continuously resided in the Republic of Korea since six months prior to the date of application for authorization for establishment of a cooperative, in the area preceding the Gyeongnam-do and Busan Metropolitan City and Ulsan

In addition, the conditions of no house should be maintained by the entire members of the household, including the head of the household (if the spouse is a separate household, it shall be regarded as one household), by the time of the occupancy and the eligibility of the head of the household, and not in violation of other relevant laws and regulations.

Article 8 (Disqualification of Members)

1. The defendant may terminate the contract immediately without taking a peremptory notice of performance or any other separate measure upon the plaintiff's act falling under any of the following subparagraphs. In this case, the plaintiff's member's qualification shall be automatically lost.

(3) When the Plaintiff loses its membership in a housing association under the relevant laws and regulations

3. In the event that the Plaintiff withdraws ex officio or by other reasons pursuant to paragraph (1), the principal amount of downpayment and intermediate payment out of the paid amount before authorization for the establishment of a cooperative is refunded, excluding the first amount of down payment and intermediate payment as well as 50% of the expenses for acting as an agent, and the down payment and intermediate payment out of the paid amount after authorization for the establishment of a cooperative is granted.

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