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(영문) 인천지방법원부천지원 2020.11.13 2020가단105168
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a non-corporate body established in Kimpo-si C (hereinafter “instant prospective project site”) to implement a housing construction project (hereinafter “instant project”) in accordance with the Housing Act and its Enforcement Decree according to the regional housing association method.

B. On November 9, 2018, the Plaintiff signed a partnership agreement with the Defendant and the Plaintiff as the Defendant’s partner, and entered into an agreement with the effect that the ownership of one household of an apartment newly built under the housing construction project should be transferred (hereinafter “instant subscription agreement”). On November 4, 2018, the Plaintiff deposited KRW 12,000,000 as an agent fee, and KRW 17,000,000 as an application fee on November 10, 2018.

(tentative) The name of the association (for union members): (tentatively, B) the application for membership of the regional housing association: 74A; 4A; d:

5. The above person is aware that the plan of the project established and promoted by the regional housing association B (tentative name) at present may be adjusted or modified by means of placement plans, site size, project size, project size, increase and decrease in the number of households, usual (including Dong, Dong, floor, lake), construction of various roads, installation of facilities, etc. in the process of the modification or promotion of the plan of the project, project approval, approval, permission (deliberation, etc.) with the project approving authority, etc., and that the plan of the project may be adjusted or modified, even if the plan of the project is adjusted or modified due to the above reasons, he/she promises to accept it and comply with the change plan and project approving conditions by the project approving authority.

Article 8 (Share of Cooperative Contributions) ① Contribution to the schedule for the payment of contributions of KRW 223,390,00,000, the first down payment of KRW 10,000,000, the second down payment of KRW 20,000, the intermediate payment of KRW 8,200,000, the intermediate payment of KRW 60,000, the intermediate payment of KRW 60,000, and the second down payment of KRW 22,39,39.

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