logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.08.20 2019가합212772
부당이득금
Text

1. Of the instant lawsuit, the part claiming the existence of abandonment shall be dismissed.

2. The defendant shall pay 7,399,500 won to the plaintiff.

Reasons

1. Basic facts

A. The Defendant is a regional housing association that carries out a project for constructing apartment (hereinafter “instant apartment”) at the Daegu-gu Dong-gu Seoul District Housing Association (hereinafter “instant apartment”) (hereinafter “instant project”).

B. On September 20, 2017, the Plaintiff entered into an agreement to enter into an association by designating the instant apartment building D, which is scheduled to be constructed in the future with the Defendant (hereinafter “instant agreement”) and paid KRW 52,198,500 in total as the contract deposit and contribution, including the agent fee of KRW 10 million from December 14, 2018 to December 17, 2018.

C. The agreement to join the association of this case includes the following:

Article 4 [Selection and Remuneration of Agent of Partnership) of the Agreement on Subscription to Partnership

2. The agency cost shall be accounted as the agency fee for the agency fee for the period from the date of application for the conclusion of a sales contract of the project site or for the joining of the association until the time of liquidation after the occupation of the association members, and no separate accounting settlement procedure shall be followed by the association later, and shall not be subject to the audit by the Corporation A and

In addition, the plaintiff is not allowed to file a claim for return, etc. or an objection against the plaintiff Gap (the defendant), Byung (the agent) and the trust company for fund management.

3. The agency expenses of a cooperative shall be borne by the daily 0 million won (Won 10,000,000) per household for all construction households (including the portion of members and the portion of general sale), including value-added tax.

Provided, That the partnership agency expenses shall be separately paid from the charges of the members referred to in Article 8 of this Agreement (charges of the members and the management thereof)

5. Cooperative members' charges and payment schedule: It shall be attached to the last page of the contract (347,990,000 won for cooperative members of 26-29 stories on the payment schedule of the above charges) separately from the cooperative members' charges, and the 10,000,000 of the 2 agency business operating business shall be paid separately from the cooperative charges, and the down payment shall be paid 8,000,000, the 2,000,000,000 respectively at the first and second payments of the contract.

arrow