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(영문) 의정부지방법원 2021.03.25 2020가단102327
부당이득반환 등 청구의 소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff of the regional housing association for the development project of the C collective housing complex (tentative name) uses the name “(tentative name) regional housing association for the development project of the C collective housing complex” in addition to the above name, but the name specified in Article 1 of the Rules (Evidence A No. 4) is the same as the main text.

(hereinafter referred to as “Defendant Promotion Committee”) is an unincorporated association organized for the purpose of carrying out a business of newly constructing and selling multi-family housing (hereinafter referred to as “instant business”) in Namyang-si E (hereinafter referred to as “instant project site”). Defendant D Co., Ltd. (hereinafter referred to as “Defendant Company”) is an agent that entered into a business agency contract with the Defendant Promotion Committee.

B. The Plaintiffs entered into a regional housing association membership agreement between the Defendant Promotion Committee and the housing association that will be established under the lead of the Defendant Promotion Committee, and concluded a regional housing association membership agreement to purchase a specific number of apartment houses constructed pursuant to the instant project from the Defendant Promotion Committee (hereinafter referred to as the “instant contract”), and accordingly, paid money to the Defendant Promotion Committee as a member’s contribution, etc., and the details are as follows.

Plaintiff

The amount of the same unit designated as the contract day (won) A on June 18, 2017, F No. 4,000, June 18, 2017, June 23, 2017; 4,000,000,000 5,000,000 on August 6, 2017; 5,000,000 5,000 5,000 each time on August 7, 2017; 4,660,000, 60,60,000 each transfer of 28,68,000 won including 20,60,00 B B,000 or 00 ; 30,005, Defendant 208, 208, 305, 208, 207, 2005, 208, 2007

2. Determination on the plaintiffs' claim against the defendant promotion committee

A. The gist of the plaintiffs' assertion should not be accepted by the plaintiffs' voluntary withdrawal.

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