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(영문) 부산지방법원서부지원 2020.07.08 2019가단117772
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 25, 2017, the Defendant is a regional housing association established with the approval of the establishment of a housing association from the head of Busan District District Office to carry out a project for constructing a collective housing (hereinafter “instant project”). The Plaintiff is a person who entered into a partnership agreement with the Defendant.

B. On August 5, 2016, the Plaintiff concluded a partnership joining agreement (hereinafter “instant partnership joining agreement”) with the Defendant (at the time, the committee of promotion of the regional housing association was the contracting party, and the contract was concluded in the name of the “regional housing association”) on the following terms: (a) the Plaintiff subscribed as the Defendant’s member and subsequently would purchase one household among the apartment buildings to be newly constructed (hereinafter “instant apartment buildings”); and (b) the Plaintiff entered into a partnership joining agreement (hereinafter “instant association joining agreement”).

[The contract for joining the association of this case] Article 2 : The number of households of 21,120.80 square meters in the area of the daily site in the Seo-gu, Busan Metropolitan City: 52 households (pre-determined) may promote the project as a revised business rule if the project site is increased or decreased in consideration of the stability of the project in the process of promoting the project.

In addition, the scale of the construction is changed in the process of the authorization and permission, and the final project scale is determined upon the approval of the project plan (approval).

Article 7 (Contributions of Members and Management thereof)

5. The contributions of the association members under paragraph 6 are applied differently in consideration of the relevant floor, direction, the number of the same class, etc., and the Plaintiff’s “Plaintiff” is aware that additional contributions may be incurred due to the amendment of the relevant Acts and subordinate statutes, business authorization, land purchase, design change, natural disaster, etc. In the event that surplus project costs are generated, the Defendant shall refund the amount calculated by deducting the amount calculated by dividing the surplus project costs based on the amount of the surplus project cost

6. Union members' contribution and specific down payment: The first down payment (five million won at the time of the first subscription, and 1,1980,000 won within 30 days after the second subscription) and the second down payment.

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