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(영문) 대구지방법원 2020.09.11 2018가단141029
부당이득금반환 청구의 소
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

(a) Defendant B District Housing Association (hereinafter referred to as the “Defendant Association”)

) The Seo-gu Daegu Metropolitan City is a main apartment complex with approximately KRW 31,51.00 square meters of a site area in the Seo-gu, Daegu Metropolitan City as the project area and with the fourth underground floor and the 49th ground-based apartment complex (hereinafter referred to as the apartment complex in this case).

1) The project of constructing 1,300 households and ancillary and welfare facilities, and neighborhood living facilities (hereinafter “instant project”).

(2) On May 14, 2018, the Plaintiff entered into a contract with the Defendant Association for the purpose of being supplied with No. 84 m2 and No. 84.1682m2, among the instant apartment units (hereinafter “instant contract”).

B. The Plaintiff paid 43,200,000 won in total as follows, in relation to the conclusion of the instant contract, such as down payment and business promotion expenses, etc., to the account of E Co., Ltd., a fund manager of the instant business.

A) On May 10, 2018, KRW 3,00,000 for the first down payment, paid KRW 2,000,000 on the 11th of the same month, and KRW 5,000,000 for three times on the 14th of the same month, and paid KRW 6,000,000 for the first day of the same month, and KRW 20,000,00 for the second down payment on June 11, 2018.

C. On October 18, 2018, the Plaintiff, who is disqualified for membership, expressed his/her intention to withdraw to the Defendant Union. Accordingly, on November 21, 2018, the Defendant Union notified the Plaintiff that the Plaintiff was finally treated as a member of the Plaintiff by the opening resolution of the board of directors pursuant to Article 12(1) of the Defendant Union’s union.

Article 10 (Disqualification of Members) (3) of the instant contract concerning the deprivation of membership shall be construed as "a member due to circumstances."

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