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(영문) 서울중앙지방법원 2017.09.22 2016나78099
부당이득금
Text

1. All appeals filed by Plaintiff A against Defendant D and appeals filed by Defendant C against the Plaintiffs are dismissed.

2...

Reasons

1. In order to construct apartment units on March 28, 1996, the E-Union (hereinafter “E-K”) obtained the authorization from the head of Dongjak-gu Seoul head of the Gu to establish a housing association under the Housing Act and subordinate statutes in order to build apartment units on the land outside the Dongjak-gu Seoul Metropolitan Government and six parcels.

Plaintiff

A on July 14, 2009, at the office of the non-party partnership, the Plaintiff was issued a certificate of receipt of the application for membership of the association in the name of the head of the non-party partnership ("certificate No. 3" and "name change" are indicated in C) in which the Plaintiff was the applicant, and paid KRW 60,000,000 to Defendant C on July 16, 2009.

Plaintiff

B on October 17, 2009, at the office of the non-party partnership, the Plaintiff-B was issued a certificate of receipt of the application for membership of the association (the certificate of No. 7 and the certificate of change of name inC) in the name of the head of the non-party partnership, which stated the Plaintiff-B as the applicant, and paid KRW 65,000,000 to the Defendant C on the same day.

However, the plaintiffs were not registered in the list of members of the non-party association.

On November 13, 2012, the authorization for establishment was revoked on November 13, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Judgment on the plaintiffs' claims against Defendant C

A. In full view of the above facts and the purport of Gap evidence 15-2 as well as the entire arguments, defendant C transferred its membership status to each of the plaintiffs by changing the name of the union members against the non-party union between each of the plaintiff and the plaintiff around July and October 2009, and each of them agreed to receive each transfer price (60 million won for the plaintiff A, 65,000,000 won for the plaintiff B, and 65,000 won for the plaintiff B) from each of the plaintiffs.

Therefore, Defendant C bears the obligation to change the name of the union member against the plaintiffs.

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