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(영문) 서울동부지방법원 2021.02.04 2018가합113940
부당이득금
Text

Of the instant lawsuit, the conjunctive claim is dismissed.

The plaintiff's primary claim is dismissed.

Reasons

1. Basic facts

A. The status of the parties is a regional housing association established pursuant to the relevant Acts and subordinate statutes, such as the Housing Act, and the Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) is an agent entrusted by the Defendant Association with the authority to carry out the instant project in order to carry out a new project of the (tentative name) Regional Housing Association (hereinafter “instant project”) that includes the household units and ancillary welfare facilities of 875 units above the ground level from 4th to 30th floor above the ground level above the Hanam-si of the Republic of Korea.

B. The Plaintiff’s membership joining contract 1) On July 24, 2016, the Plaintiff is a regional housing association promotion committee (the promotion committee for the establishment of the Defendant association).

Between the above promotion committee and the defendant association, the plaintiff paid 267,00,000 won for the members of the association, and the 12,000,000,000 won for the vicarious performance of duties, and entered into an agreement with the defendant association and entered into an apartment building to be newly constructed according to the project of this case (hereinafter “the apartment of this case”) under which E (exclusive residential area of 59mm2) was sold among the apartment buildings (hereinafter “the apartment of this case”).

2) The main contents of the agreement of this case and the rules of the defendant association attached to the agreement of this case are as follows.

Article 3 (Qualification of Members) (1) of the Joining Agreement of this case refers to "B" (the plaintiff).

The term "B" (hereinafter referred to as "B") shall guarantee that there is no problem in the qualifications of local housing association members as prescribed by the Housing Act and subordinate statutes (including the Enforcement Decree, the Enforcement Rule, the Enforcement Rule, and other ordinances), and shall maintain the qualifications until completion and occupancy.

(2) If “B” is unable to become a partner due to the occurrence of an electronic inquiry, etc., of a member’s non-qualification or qualification, it shall be taken to enable a person who is qualified as “B” to succeed to the partner.

(3) If any remaining household of a member occurs, the member shall be qualified.

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