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(영문) 창원지방법원 2021.02.16 2019나65549
부당이득반환청구 등
Text

1. Of the Plaintiff’s lawsuit against Defendant B, the part demanding confirmation of the absence of membership status added by this court.

Reasons

1. Basic facts

A. The Defendant Cooperative is a regional housing association established to carry out a housing construction project (hereinafter “instant project”) in the Gu Eth of Chang-si in Changwon-si, Changwon-si, and Defendant D Co., Ltd. (hereinafter “Defendant D”) is an executing agent who entered into a management services contract with the Defendant Cooperative regarding the implementation of the instant project.

B. On March 31, 2015, the Plaintiff entered into a contract with the Defendant Cooperative on the purchase of one household (59 square meters in supply, 59 square meters in supply, and Ga-gun) among the apartment units to be newly constructed pursuant to the instant project (hereinafter “instant contract”). From March 30, 2015 to December 28, 2018, the Plaintiff paid the Defendant Cooperative the down payment of KRW 25,621,00, additional contributions (loan interest) to KRW 303,96, total amount of KRW 25,924,96.

(c)

At the time of entering into the instant contract, the Plaintiff was in the status of a householder on resident registration, but lost the status of a householder on September 25, 2019 through the change of the householder.

(d)

The provisions pertaining to the instant contract and the rules of the Defendant Union (hereinafter referred to as the “Rules”) are as follows.

Article 2 [Business Summary] (5) of the contract of this case: On the first half of the year 2018, the business outline of the association apartment can be changed in the process of approval and approval of the business (the accurate occupancy time is determined at the time of issuance of a supply contract). Article 4 [Delegation of authority to the business] recognizes the representative of the regional housing association of the defendant association, and delegate the following matters to the defendant association:

Article 10 [Arrears] of the matters concerning the decision on a business plan (including the change of a business plan) (including the number of households, deliberation, total floor area, number of floors, arrangement, etc.) (including the recruitment of union members, authorization for establishment and change of association, management of union members, borrowing, management and execution of union funds, liquidation and dissolution of a union, settlement and dissolution of a union, drawing of units and units, and other affairs incidental to the promotion of the project) shall be made

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