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(영문) 수원지방법원 2019.10.17 2018가단541338
부당이득금반환 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. (tentative Name) C regional housing association is an organization organized to promote the establishment, etc. of the regional housing association that implements the project of constructing new apartment (hereinafter “instant apartment”) on a scale of national housing in Yeongdeungpo-gu D (hereinafter “the instant apartment”) at Young-gu, Young-gu, and the Defendant C regional housing association (hereinafter “Defendant C housing association”) was comprehensively succeeded to the rights and obligations of the said association with the authorization of establishment of the housing association from the Young-gu, 2019 on July 2, 2019.

B. On December 31, 2015, the Defendant Union concluded an agency business service contract with the said company, which had it perform the project implementation of the instant case, and concluded a business agreement with the FF business on February 4, 2016, and a fund management contract with G.

C. On September 29, 2016 and October 7, 2016, the Plaintiffs entered into a contract to enter into with the Defendant Union (hereinafter “instant subscription agreement”) and paid down money, business promotion expenses, etc. (hereinafter “payment”) to the Defendant Union as follows.

Nos. 1 Plaintiff A, the same amount due on the date of the contract, KRW 36.7 million on September 6, 2016, Plaintiff H-2, Plaintiff B, and KRW 1,6 million on October 7, 2016

D. The cover of the subscription contract prepared by the plaintiffs at the time of the subscription contract of this case includes the number of houses, which can be combined with the house reputation of the applicant, and the main contents of the subscription contract of this case are as follows.

(tentative) Indication of the object (tentatively named) : Project outline of the C Regional Contact Association

1. Site area: 24,439 square meters;

2. A Myeon register: 70,155.32 square meters.

3. Scale/number of households: Article 7 (Shared Charges of Members and Business Promotion Expenses of Members) of the 2nd to the ground level 29th to the ground level 558 households.

2. The following shares may be increased or decreased in the course of project progress, or in the process of authorization for establishment and authorization for business, and the scale of business may be changed, and if changed, consent shall be obtained without any objection to the changed business plan and the shares of partners shall

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