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(영문) 창원지방법원 2020.07.17 2019나58374
부당이득금
Text

1. The plaintiff's appeal is 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. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment by the court of first instance are justifiable in view of the witness I’s testimony at the court of first instance, even if the

(I) The defendant is not an employee or an agent of the defendant, but only a person who receives and delivers to the plaintiff a written membership agreement, etc. upon the plaintiff's request. The reason why this court's explanation is based on the dismissal of the "attached Form 2" in Section 1-b(2)-2-3 of the judgment of the court of first instance as "attached Form 1" and the ground for the judgment of the court of first instance is identical to that of the court of first instance, except for addition of the judgment mentioned in Section 2-2 of this court as to the assertion that the plaintiff is particularly emphasized by this court

(other than part A, which was a co-Plaintiff of the first instance trial). 2. Additional determination

A. The Plaintiff’s assertion that Article 54(1) of the Housing Act (amended by Act No. 14866, Aug. 9, 2017; hereinafter the same) imposes a duty to supply a house built on a person meeting the conditions for recruiting occupants on the Defendant and a project proprietor, and Article 54(2) imposes a duty on a person who intends to acquire a house, such as the Plaintiff, to be supplied with a house meeting the requirements for occupancy prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. According to Article 21(1)1 of the Enforcement Decree of the Housing Act (amended by Presidential Decree No. 30146, Oct. 22, 2019; hereinafter the same), in order to become a partner of a regional housing association, all the householder, including the householder, from the date of application for authorization to establish the housing association, or only one household member including the householder, who owns one house with an exclusive residential area of less than 85 square meters among the household members.

However, the Defendant obtained authorization to establish an association on December 14, 2016, and the Plaintiff entered into the instant association joining agreement on February 27, 2017, and entered into the instant association joining agreement.

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