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(영문) 창원지방법원 통영지원 2017.02.15 2016가단23532
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B’s regional housing association (hereinafter “Defendant Association”) is a housing association established to build an apartment of a regional housing association in the first place of C at the large city and sell it to its members. The Defendant Company is an agent for the implementation of the Defendant Association.

B. On October 2, 2014, the Plaintiff entered into an agreement with the Defendant Cooperative to enter into an agreement with the Plaintiff as a member of the Defendant Cooperative and to purchase one household with an exclusive area of 59 square meters (103 dong 1103 dong 103; hereinafter “instant apartment”).

C. Since then, on November 4, 2014, the Plaintiff entered into an agreement to enter into an association with the content that the Plaintiff would enter into a regular contract at the request of the Defendant Union, and that the Plaintiff subscribed to the Defendant Union as a member of the Defendant Union, and paid KRW 146.4 million to the members of the Defendant Union as indicated in the following table, and was sold the instant apartment. At the same time, the Plaintiff entered into an agreement to enter into an association with the Defendant Company to pay KRW 10 million for the consulting service cost of the Plaintiff’s association (hereinafter “instant subscription agreement”), including the agreement to enter into the association and the agreement to enter into the association as of October 2, 2014.

The cost of construction of the land-based intermediate payment charges shall be calculated based on the following facts: (a) the amount to be later notified at the time of approval of a business plan within 30 days after the contract was entered into when the contract was entered into for the payment of the remaining 14,640,640,640,640,640 14,640,640 14,640,640 14,640,640 14,640,640 14,640 14,640 14,640 14,640 14,640 14,640 14,640 14,640 4,6404,280 146,400

D. According to the instant subscription agreement, the Plaintiff paid the Defendant Union KRW 25 million in total, including the amount of KRW 3 million on October 2, 2014, KRW 4 million on March 4, 11, and KRW 17.5 million on December 12, 199, and paid to the Defendant Company KRW 10 million on November 3, 2014 at the consulting service cost for the partnership affairs.

E. The Defendant Union is authorized to establish a housing association on February 14, 2015.

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