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(영문) 서울중앙지방법원 2018.07.13 2017가단5144607
부당이득금
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. The Defendant is a company engaged in real estate consulting and sales agency business, and the Yangsan Forest District Housing Association (hereinafter “the instant association”) is a housing association established to promote the new house construction work of KRW 245-5, Yangsan-dong, Yangsan-si, Yangsan-si, and the development of Samsung Industrial Development Co., Ltd. (hereinafter “Masan Industrial Development”) is a company engaged in real estate development and housing construction business.

B. On November 8, 2013, the instant association and the development of new industry entered into a service contract with the Defendant, which is responsible for the recruitment of 624 households of the members of the housing association located in the area north-dong, Chungcheongnam-si, Yangsan-si (hereinafter “instant service contract”).

C. The Plaintiff was established on December 16, 2013 for the purpose of real estate development business, etc., and on December 23, 2013, the instant service contract and the instant service contract concerning the recruitment of union members on behalf of the same union members subject to the same recruitment (hereinafter “instant secondary service contract”). D.

The Defendant continued to perform the instant service contract and completed the sales agency business under the said contract on March 31, 2014.

E. On March 31, 2014, the Defendant handed over data, goods, etc. related to the recruitment of union members to the development of third-party industry.

F. The instant association completed the inaugural general meeting on March 19, 2014, and the number of members as of March 31, 2014 is 322.

G. The Defendant was awarded a favorable judgment (Ulsan District Court 2014Gahap4022) by filing a claim against the instant union and the development of new industry among the total service cost of KRW 78.4 million (=2 million + (2 million x 322 households) and KRW 397,620,000, which was received from the instant union and the development of new industry) and filed a favorable judgment (Ulsan District Court 2014Na4022). However, the appeal was dismissed on June 23, 2016 by Busan High Court 2015Na53780, and the instant union and new industry were developed.

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