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(영문) 서울중앙지방법원 2019.10.15 2019나14959
부당이득금반환 등 청구의 소
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Defendant B District Housing Association Promotion Committee (hereinafter “Defendant B Housing Association Promotion Committee”) is an organization organized to establish a regional housing association that constructs an apartment building project (hereinafter “instant project”) under the Housing Act and the Enforcement Decree thereof by designating the Yeongdeungpo-gu Seoul Metropolitan Government D D branch as a project implementation district. The Defendant C Company (hereinafter “Defendant Company”) is an agent of the association to undertake all matters necessary for the instant project as delegated by the Defendant’s promotion committee.

B. On April 25, 2017, the Plaintiff entered into a contract with the Defendants on the terms that the Plaintiff would purchase an apartment house to be newly constructed in the instant project, and that would pay the agency service cost to the Defendant Company (hereinafter “instant subscription contract”). On the same day, the Plaintiff transferred KRW 22,00,000 and the shares of KRW 5,00,000 to the account of the Defendant’s promotion.

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

- (tentatively) Purpose B of a contract for joining the association

1. Projected area: Yeongdeungpo-gu area D; and

2. Area entered in the public register: 57,759.00 square meters; and

3. Actual use area: 42,542.00 square meters.

4. Total floor area: 152,775.09 square meters;

5. Scale/number of households: The number of households with 29 stories above the 2nd floor above the ground level (9 units of 1,091 units of 1,091 units of 2nd floor above the 2nd floor below the ground level and 29th floor above the 59A 5429.98 44.42.98 125.85 E, 59B 759.982.92.92.92.92.92. 59C 125.369C 158. 159.98 83.06. 84A 1584. 8884. 98884. 98. 15. 17. 197. 14. 17. 14. 2. 2. 12. 2. 15

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