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(영문) 인천지방법원부천지원 2020.07.23 2020가단100910
부당이득금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established to build apartment houses of the B-area housing association (hereinafter “instant apartment houses”) at the Kimpo-si, Kimpo-si.

B. On January 15, 2016, the Plaintiff entered into an agreement with the Defendant to enter into an association with a total amount of KRW 352 million (hereinafter “instant subscription agreement”) on the purchase of the instant apartment units D heading 84C.

C. Under the instant subscription agreement, the Plaintiff paid to the Defendant KRW 10 million on January 15, 2016, KRW 25 million on January 25, 2016, and KRW 35 million on a total of KRW 35 million on January 25, 2016 (charges 20 million, agency expenses, and KRW 15 million).

Article 4 (Location and Size of Project Implementation Area) Housing construction sites for the association shall be 97,60.00 square meters for the total area of the Class-I district unit planning zone of KRW C in Kimpo-si.

Provided, That if necessary for the implementation of this project and in the process of authorization and permission, the total area and the purchase area of a site may be increased or decreased, and the qualification requirements for the members of Article 8 (Qualification for Members) of the Housing Act refers to the qualification requirements for the members prescribed by the Housing Act and subordinate statutes, and

Article 12 (Withdrawal, Disqualification, expulsion of Members) (1) A person who fails to own a house from the date of application for authorization for the establishment of a housing association to the date possible to move into the relevant housing association, or who resides in an area under subparagraph 11 (a) of Article 2 of the Housing Act as of the date of application for the authorization for the establishment of a housing association for not less than six months, or a person who resides in the area

(2) A member qualification of a person who does not fall under the qualifications prescribed by relevant Acts and subordinate statutes and this Code shall be automatically lost.

(4) An amount of money paid by a partner to a person who has lost the status of a partner due to withdrawal, loss of qualification for a partner, expulsion, etc. shall be paid within 30 days from the date of request for refund after deducting the agency expenses and prescribed common contributions, but the common contributions to be deducted and the time of refund may be separately determined by a resolution of the general meeting.

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