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(영문) 부산지방법원 2020.10.15 2019가단323469
부당이득금
Text

1. The defendant shall pay 140,890,000 won to the plaintiff and 12% per annum from July 20, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant is a housing association that obtained authorization for the establishment of the Housing Act on May 2, 2016 to implement a housing construction project at Busan Jin-gu C.

B. On December 5, 2016, the Plaintiff entered into an agreement with the Defendant to enter into an association with the content that the Defendant and the Dong and Dong were designated as D to purchase an apartment unit with a general 2- group 3-15 stories, and 84С or less (A) with a general 2- group 3-15 stories or less, and agreed as follows.

E D

C. By August 24, 2018, the Plaintiff paid KRW 140,890,000 to the Defendant as a partner contribution.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, purport of whole pleadings

2. Determination

(a)the part of the building newly constructed by the housing association as its principal and completed shall belong to the collective ownership of all the members of the housing association; the management and disposition of collective ownership shall be in accordance with the articles of association or regulations of the housing association, if any; the management and disposition of collective ownership shall be in accordance with those articles of association or regulations; and the resolution of the general meeting of the members of the housing association shall be in accordance with

(2) In the instant case, the Defendant entered into an agreement to enter into an association with the Plaintiff, who did not meet the requirements for membership, with the agreement to enter into an association with the Plaintiff to sell an apartment by designating the number of units as D, which constitutes a matter of management and disposition of the general share ownership belonging to the collective ownership of all members of the association.

Therefore, a resolution of a general meeting of partners must be passed.

However, the above contract is null and void inasmuch as there is no evidence to acknowledge that the defendant had passed a resolution at a general meeting of the union members in concluding the contract with the plaintiff.

B. On February 8, 2020, the Defendant made a resolution to supply a house to an associate member under the same conditions as the association member at an extraordinary general meeting of the Defendant, and thus the said contract is null and void.

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