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(영문) 부산지방법원 2020.10.13 2019가단324141
부당이득금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a regional housing association established for the purpose of constructing an apartment and supplying it to homeless persons, etc. in Busan-gu, Busan-gu, the purpose of which is to build the apartment (hereinafter “instant business”), and applied for authorization to establish an association with the head of Busan-do, Busan-gu, Busan-do, on December 26, 2016, and obtained the authorization on February 24, 2017.

B. On February 27, 2014, the Plaintiff decided to join as the members of the Defendant in order to purchase E apartmentF constructed by the Defendant from the Defendant (hereinafter “D Regional Housing Association”) and paid KRW 4 million as the provisional contract deposit. On March 3, 2014, the Plaintiff entered into a partnership subscription agreement (hereinafter “instant association subscription agreement”) and paid KRW 10 million as the down payment on March 31, 2014, and again paid KRW 21 million as the down payment.

The Plaintiff received a certificate of trust payment of KRW 15 million and KRW 21 million from G Co., Ltd.

C. According to the contract of joining the association of this case, the defendant's qualification to establish the association is limited to a person who has resided in Busan Metropolitan City and Gyeongnam-do for more than six months prior to the date of application on the basis of the date of application, and who does not have to meet the standard for authorization to establish the association (including a bond owner of a house less than 60 square meters in exclusive use area). The non-family condition shall maintain a homeless condition until all the household members including the head of the household (a single household, even if the spouse is separated,

(Article 2) provides "Article 2)".

However, at the time of entering into the instant partnership agreement, the Plaintiff owned a house with an exclusive residing area of 77.92m2m2 as the head of the household, which is a house with an exclusive residential area of 77.92m2, and was not qualified as a member, and the Defendant was also aware of such fact.

On May 31, 2019, the defendant shall pay the cooperative contributions, etc. to the plaintiff by the designated date.

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