logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2020.09.24 2019가합15139
부당이득금
Text

Of the lawsuit of this case, the part of the claim for confirmation of non-existence of membership is dismissed.

The plaintiff's remaining claims are dismissed.

Reasons

1. Basic facts

A. The Defendant was a regional housing association established to implement a housing construction project (hereinafter “instant project”) at Pyeongtaek-si C, and obtained authorization to establish the association from the head of Pyeongtaek-si on July 18, 2014.

B. Around June 25, 2013, the Plaintiff entered into a membership agreement with the district housing association (tentative name) B (hereinafter “Promotion Council”) with the content that the Plaintiff would join the Promotion Council as a member and pay a contribution, and that the Plaintiff would acquire the ownership of one household of an apartment unit to be newly constructed according to the instant project (hereinafter “instant membership agreement”), and thereafter, the Defendant succeeded to the rights and obligations of the Promotion Council.

C. From June 19, 2013 to September 20, 2016, the Plaintiff paid KRW 27 million to the Defendant as a member’s contribution and business promotion expenses. D.

At the time of entering into the instant subscription agreement, the Plaintiff was in the position of the householder on the resident registration basis, but on December 26, 2018, D lost the status of the householder by making a move-in report at the present domicile as the householder, and on April 26, 2019, the relationship between the Plaintiff and the householder D was changed from a person living together with the householder to his/her spouse.

E. On April 10, 2017, the Defendant obtained the approval of the project plan for the instant project (the scheduled commencement date of the project on March 29, 2017; September 27, 2019) and filed a report on the commencement of the instant project on May 27, 2020.

F. The part related to the instant case in the instant membership agreement and the Defendant’s bylaws (hereinafter “instant covenant”) are as follows.

Article 8 (Contributions and Management of Members) (1) of the Joining Agreement of this case shall bear the contributions as follows:

6. 183,00,000 won for the agency business of contributions. 7,700,000 won. 6. 3 months after the commencement of the business 15 days prior to the 15th day prior to the application for approval for the establishment of an association at the time of the second part of the intermediate payment, the total payment schedule (units: ,00 won), the intermediate payment, the intermediate payment, and the third part.

arrow