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(영문) 부산고등법원 2020.05.20 2018나57813
부당이득금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall enter the plaintiffs in the annexed sheet's "use amount" column.

Reasons

1. Basic facts

A. 1) The Defendant’s business of constructing multi-family housing in X-gu, Seo-gu, Busan and supplying housing to its members, etc. (hereinafter “instant business”).

A) An organization established to implement the project, and the “(tentative) WD District Housing Association Establishment Promotion Committee” (tentatively named) is the Defendant’s telegraphic person (hereinafter referred to as the “instant Promotion Committee”).

AA(hereinafter referred to as “A”) is a voluntary organization temporarily organized to prepare for the progress of the project of this case, such as holding an inaugural general meeting of the Defendant, and is a corporation A(hereinafter referred to as “A”).

(2) The Plaintiffs concluded a partnership agreement with the instant promotion committee and became a member of the Defendant, as a company engaging in real estate development business, etc.

B. 1) The Plaintiffs and the instant promotion committee enter into a partnership membership agreement between January 2017 to November 2017 with the content that the Plaintiffs joined the instant promotion committee as the Defendant’s members and the Plaintiffs select AA as an agent (hereinafter “each of the instant partnership membership agreements”).

A) Following the conclusion of each of the instant agreements to join the association, a corporation, or AC paid the association contributions and business promotion expenses, such as the “partnership contributions” and the “business promotion expenses” indicated in the attached Table attached hereto, to the instant promotion committee through AB or AC. Meanwhile, at the time of concluding each of the instant agreements to join the association, the Plaintiffs were also at the time of concluding the agreement between the instant promotion committee and the instant promotion committee, stating that the term of the safe security agreement between the instant promotion committee and the effect that “a contract deposit and business promotion expenses paid by the union members when the project would not occur due to the occurrence of a problem arising from the land or the progress of the project, and the project promotion expenses paid by the union members when the project would not occur, was set as October 31, 2017.”

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