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(영문) 광주고등법원(전주) 2017.11.16 2017나10300
부당이득금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. The Plaintiff is a regional housing association under the Housing Act established for the business of constructing D apartment units (hereinafter “instant apartment units”) in the Yeongsan-gu Seoul Special Metropolitan City.

The defendant is a company whose purpose is real estate advertising and sales agency business.

B. From around 2005, the Defendant selected the Si Construction Corporation and promoted the new construction and sale of the instant apartment complex, but it was difficult for the Si Construction Corporation to go through due to the default of the Si Construction and the subsidence of the housing sale market. Of that, the Defendant was merged into the E Company (F Company).

hereinafter referred to as “E”

(2) On November 30, 2009, the inaugural general meeting of the Plaintiff Cooperative Promotion Committee was held on December 8, 2008, and the head of Jeonju-si established the Plaintiff’s Housing Association’s establishment authorization to implement the instant apartment construction project on November 30, 2009.

C. Within seven days after the conclusion of this contract for the new construction of the instant apartment, the Plaintiff must verify the entire contract entered into with E, the details of the project cost, the total amount of the undeveloped land, and all other matters required by E, together with reasonable evidence. If the Plaintiff fails to submit relevant documents or delays the submission thereof, E may refuse to consent to the relevant contract and its contents.

Article 12 (Management of Funds) (1) Cooperative members' contributions, general proceeds from sale, and business promotion expenses shall be established in the name of E, and the head of a Tong shall be managed by E if he/she receives them in the book-dong and branch account of the Seongbuk Bank designated by E at the time of

(5) Where a plaintiff requests withdrawal of funds from the head of a Tong under paragraphs (1) and (4), E shall be deemed reasonable after review.

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