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(영문) 대전지방법원 천안지원 2018.09.12 2017가단113637
부당이득금
Text

1. The plaintiffs confirm that they are not members of the defendant's association.

2. The plaintiffs' remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. The Defendant obtained authorization to establish a housing association on January 7, 2016 after obtaining authorization to establish a housing association on November 3, 2016 (398 members) from a regional housing association established to promote a housing construction project (hereinafter “instant project”) that newly constructs apartment units with the Dong-gu Seoul Special Metropolitan City D D as a project implementation district under the Housing Act and its Enforcement Decree.

B. On August 30, 2015, the Plaintiffs entered into an agreement with the Defendant association to join the Defendant association and to be supplied with apartment houses of 69.90 square meters for exclusive use (hereinafter “instant subscription agreement”) with each (tentative name) Regional Housing Association (hereinafter “AC”) (hereinafter “Defendant”), and paid each construction cost of KRW 3 million, business promotion expenses, down payment of KRW 24,646,000, KRW 37,646,000, respectively.

Article 1 of the Agreement on the Admission of Members / [Purpose] The purpose of this Agreement is to delegate all of the practical affairs of “B (Plaintiffs)” to “B (Defendants)” in order to facilitate the construction project of a regional housing association apartment, and “B” to supply “B” apartments of the project by accepting them in good faith and promoting the project.

Article 2 (Opening of Business) (1) Details of the Project shall be as follows:

1. Location: D branch members in the south-gu, Dong-gu, Chungcheongnam-gu; and

2. Site area: An area of a site which is 29,921.76 square meters shall be determined after a final survey.

3. Total floor area: 96,259 square meters;

4. Building scale: Apartment buildings of two stories above ground or 28 stories above ground and ancillary and welfare facilities;

5. The number of households: a total of 764 households (2) since the contents of the project are outlined by the plan, it may be somewhat altered in the process of subsequent authorization and permission, and the final decision shall be made at the time of approval of the project plan

Article 3 [Delegation of Authority to Project] (1) “B” shall be “A”.

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