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(영문) 수원지방법원 2020.09.09 2019나78203
부당이득금
Text

1. The plaintiffs are members of the defendant C Regional Housing Association upon the request of the court for exchange change.

Reasons

1. Basic facts

A. Defendant C Regional Housing Association (hereinafter “Defendant Association”) is a regional housing association that obtained authorization for establishment pursuant to Article 11 of the Housing Act in order to implement a regional housing construction project (hereinafter “instant project”) in the Ministry of Land, Infrastructure and Transport’s wife E population level from the Young-si mayor on July 4, 2017, and Defendant D (hereinafter “Defendant Company”) is a company that vicariously performs all business related to the instant project, such as recruitment of union members.

B. On February 27, 2016, Plaintiff A entered into a contract with the Promotion Committee of the Defendant Union (hereinafter “Defendant Union”) to purchase an apartment house F (71m2) to be constructed in accordance with the instant project after obtaining authorization for the establishment thereof (hereinafter “instant contract”) and deposited KRW 57,675,000 in total with the accounts designated by the Defendant Union pursuant to the instant contract (= KRW 3,000,000, KRW 12,000,000, KRW 8,070,000, KRW 34,605,000,000).

C. On February 2, 2018, Plaintiff B entered into a contract with the Defendant Cooperative to purchase apartment G-ho (59 square meters) to be constructed pursuant to the instant project (hereinafter “instant contract”) and deposited KRW 20,800,000 in the account designated by the Defendant Cooperative pursuant to the instant contract.

Defendant Union obtained approval of the project plan on January 31, 2019.

E. On October 6, 2019, the Defendant Union sent a notice demanding the payment, etc. of additional contributions to the Plaintiffs on October 25, 2019 by a resolution at an open extraordinary general meeting.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, 11, Eul evidence 1 through 7, Eul evidence 9, 10, Eul evidence 8 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the assertion regarding Plaintiff A’s certificate of undertaking

A. The argument about the defendant union.

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