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(영문) 서울동부지방법원 2020.08.21 2018가단133541
부당이득반환청구 등
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Defendant B’s status as the parties (hereinafter “Defendant Association”) is a regional housing association established pursuant to relevant Acts and subordinate statutes, such as the Housing Act, and the Defendant C Co., Ltd. (hereinafter “Defendant C”) is an agent entrusted by the Defendant Association with the authority to undertake the instant project in order to carry out a new project of constructing a regional housing association (hereinafter “instant project”) with eight units and ancillary welfare facilities of the 4 to 30th underground floors above the ground level above the 4 to the 30th floor above the 4 to the 30th ground level above the 4 to the 30th ground level above the 4 to the 30th ground level above

B. (1) The Plaintiff is a promotion committee for the establishment of a regional housing association (tentatively named)B regional housing association on January 5, 2018, designating E as his/her wife, as his/her agent.

(1) The term "the defendant partnership" is not distinguished from the above promotion committee and the defendant partnership.

B) Between the Plaintiff and the members, the Plaintiff paid 257,50,000,000 won for the members’ contributions, and 12,000,000,000 for the agency expenses, and join the Defendant’s association and thereafter was to be newly constructed according to the instant project (hereinafter “instant apartment”).

A) The term “this case’s subscription agreement” refers to the agreement to enter into the association with the content that the purchase of Fho Lake (59m2) among the housing units (59m2).

AB concluded the agreement.

Accordingly, on December 31, 2017, G Co., Ltd., the financial manager of the Defendant Union, as agent fees and down payment, the Plaintiff: (a) KRW 2,000,000 on December 31, 2017; and (b) KRW 18,00,000 on January 5, 2018; and (c)

3. A total of KRW 40,000,000 (hereinafter “instant payment”) was paid on June 20, 16.

2 When entering into the instant subscription agreement, the Plaintiff, as his agent, sent to the Defendant a letter of commitment with the following content:

Among the apartment buildings of this case designated by the plaintiff under the accession contract of this case, F may be cultivated as a similar object due to design change, etc. after the construction deliberation, and the differential contributions by the number of units and units of the same shall be the future defendant association.

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