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(영문) 수원지방법원평택지원 2020.05.20 2019가합10110
부당이득금
Text

1. The lawsuit concerning the claim for confirmation of non-existence of membership among the lawsuit of this case shall be dismissed.

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. The Defendant established the Defendant is a housing association established with authorization to establish a housing association on April 6, 2016 under the Housing Act to implement a housing building project, such as the construction and sale of general housing units in Pyeongtaek-si D (hereinafter “instant project”).

B. The Plaintiff’s accession 1) On May 3, 2016, between the Defendant and the Defendant, the Plaintiff is an apartment building E (area of 59 square meters) among apartment buildings that the Plaintiff joined and built by the Defendant, and the Defendant is a type A.

2) A contract to enter into an association (hereinafter referred to as the “instant subscription contract”) which wishes to purchase cooperative contributions in the amount of KRW 199,500,000 (excluding administrative service charges of KRW 11,000,000).

(2) The Plaintiff concluded a contract. (2) Of the members’ contributions as agreed in the instant subscription agreement, the Plaintiff paid a down payment of KRW 20 million on three occasions from the contract date, and paid an intermediate payment of KRW 19.4 million each time in eight installments, and paid KRW 15.9.6 million each time, and the Plaintiff agreed to pay the remainder of the intermediate payment and the balance at the time of the progress of the business.

3) On April 29, 2016, the Plaintiff paid the Defendant a down payment of KRW 50 million, KRW 9.5 million on May 3, 2016, KRW 10 million on June 3, 2016, KRW 20 million on a total, and KRW 31 million on June 3, 2016. The Plaintiff notified the Defendant of the cancellation of the contract. On April 23, 2018, the Plaintiff issued a notice of the cancellation to the effect that “the Plaintiff was erroneous in the business agenda situation at the time of the conclusion of the instant subscription contract, but this was caused by the Defendant’s Promotion Committee, and that the instant subscription contract was revoked pursuant to Articles 109 and 110 of the Civil Act.” The Plaintiff’s notification of the cancellation of the contract to the effect that “the Plaintiff’s association members and proxy expenses are returned” (hereinafter “instant notice”).

D. The main contents of the instant joining agreement and the bylaws of the Association are as follows: (a) the instant joining agreement and the Defendant’s bylaws of the Association (hereinafter “Rules of Association”) are as follows.

The key issue in the instant case is as follows. Article 8 of the instant subscription agreement (the Plaintiff on delayed payment) is as follows.

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