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(영문) 서울동부지방법원 2019.05.16 2018가합105192
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is a regional housing association established to carry out a new apartment construction project on the ground of Songpa-gu Seoul Metropolitan Government and 35 lots (hereinafter “instant apartment construction project”), and the plaintiffs are members of the defendant.

B. On April 18, 2015, the Plaintiffs signed an agreement with the Defendant and the Defendant’s agency business E Co., Ltd. (hereinafter “E”, and the entry of “stock company”) with respect to the other companies, respectively, to enter into an association membership agreement (hereinafter “instant subscription agreement”) with which the Plaintiffs signed the agreement with the Defendant to pay each of KRW 649,000,000 and agency expenses for the business expenses to the Defendant as the Defendant’s members, and instead to allocate each of KRW 34 square apartment units (Plaintiff AF and Plaintiff B G) (hereinafter “instant subscription agreement”).

The main contents of the instant subscription agreement are as follows.

Section 1 (Purpose) 1) This accession Agreement is a project to build apartment buildings and ancillary and welfare facilities (hereinafter referred to as “the project”).

In promoting the project, the local housing association stipulated in Article 32 of the Housing Act, Article 37 of the Enforcement Decree of the same Act, and Article 17 of the Enforcement Rule of the same Act (hereinafter referred to as the “Plaintiff”) shall enter into the agreement with the Plaintiff (hereinafter referred to as the “Plaintiff”) in order to form the association in a state where the approval of the project is not finalized as a qualified housing association member, and the Party B shall agree to the establishment of the association by the Defendant / [Defendant] and the execution of the work related to the establishment of the association and the implementation of the project “the project”. 2] On behalf of the contractor joining the association, Party A shall supply Party B with one apartment unit by faithfully promoting the “the project” on behalf of the contractor affiliated with the association.

Article 3(1)(A) guarantees that there is no problem in the qualifications of a regional housing association member as prescribed by the Housing Act (including the Enforcement Decree, the Enforcement Rule, the Enforcement Rule, and other ordinances), and shall maintain the qualifications until completion and occupancy.

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