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(영문) 창원지방법원 2019.05.23 2018가합53675
부당이득금반환 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts recognized;

A. 1) The Defendant Union is a regional housing association established to implement a housing construction project that newly constructs apartment units on the land outside the 18th parcel of Kimhae-si, Kimhae-si. The Defendant Union obtained authorization to establish an association on December 21, 2015 from the Kimhae-si, and obtained approval for a project plan that constructs new apartment units with 380 households on the above project site on February 22, 2017. (2) The Defendant Company, as an agent of the Defendant Union, performed all affairs for the implementation of the housing construction project, including land sales contract, membership recruitment, etc.

B. 1) The Plaintiffs entered into a contract to join a regional housing association on April 5, 2015, before the Defendant association’s association obtains authorization to establish a regional housing association (hereinafter “Promotion Committee”).

B) As between the Plaintiffs and the Defendant Union, the Plaintiffs paid the Plaintiff’s share of the expenses for the project, and the Plaintiff’s purchase of apartment units F to be newly constructed after the establishment of the Defendant Union, and the Plaintiff’s purchase of each member’s purchase of apartment units G (hereinafter “instant purchase agreement”).

(A) The main contents of the accession agreement of this case are as follows (the term “A” refers to the defendant association that succeeds to the rights and obligations of the promotion group or the promotion group, and the term “B” refers to the plaintiffs who are members of the association:

(i) Indication of the object [tentative C Regional Housing Association outlines of the project].

1. Business area: 16,648.00 square meters;

2. Total floor area: 48,863.99 square meters;

3. Scale/number of households: 17 to 20 stories above ground, 5 to 381 households.

4. Location of the business site: H Day in Kimhae-si.

5. The same subparagraph: Plaintiffs AF and B G.

6. Application supply type: Project outline A, above 71.75 square meters, may be modified (increased or decreased) by comparing with the initial recruitment time of association members at the time of approval for the project.

Article 5 (Vicarious Execution of Association Affairs)

2. The agency service provider of the partnership shall be the defendant, and the "A" and "B" shall delegate and proceed with all matters for the implementation of this project to the defendant company.

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