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(영문) 서울고등법원 2013.09.26 2013나2007675
부당이득금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

Basic Facts

On January 25, 2008, the Defendant obtained authorization for establishment of a regional housing association established to promote a housing construction project in Dongjak-gu Seoul Metropolitan Government C Group. On July 27, 2007, prior to authorization for establishment of a housing association, the Defendant entered into an association joining agreement (hereinafter “instant joining agreement”) with the Plaintiff with the following contents.

Subject matter: The Plaintiff, “A”, the Defendant, and “A” and “A Support Line Co., Ltd. (hereinafter “A Support Line”) shall be deemed to be the Plaintiff’s exclusive area of not more than 85§³ of apartment space in the regional housing association B.

Article 1 (General Provisions) A, as a housing partner qualification provided for in relevant Acts and subordinate statutes, must implement the project in a state where approval for the project is not finalized, so that all related affairs are delegated to Byung to execute the project on behalf of Byung, and the remuneration shall be paid for the execution expenses for the neighborhood living facilities and profits other than the determined contributions, and the affairs of the association shall be selected separately, and the business promotion expenses shall be paid.

B and C shall provide A with one apartment unit contracted by A with an area not exceeding 85 square meters in exclusive use area (or approval for business) according to the area of completion inspection (or approval for business) to a household that has fully paid the contributions of members and business promotion expenses in accordance with a construction contract and business schedule.

Article 3 (Qualification for Membership A) A shall maintain the qualification for a housing association member prescribed in the Housing Act (including the Enforcement Decree of the same Act, the Enforcement Rule, and other ordinances), from the time of application for membership to the completion and occupancy.

Article 4 (Contributions to Members) A shall bear the following contributions:

The following contributions shall be borne by the members’ “determined contributions” of KRW 560,1240,000,000,000,000 KRW 15,000,000,000,000,000) that are exclusive of 85m2,00 square meters in total, of the total contributions and business promotion expenses. 2) At the time of establishment on the date of the first part payment of the down payment, the first part payment, the second part payment, the second part payment, and the second part payment

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