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(영문) 의정부지방법원 2020.11.12 2020나202907
부당이득금반환 청구의 소
Text

The appeal against the plaintiff by the defendant (tentatively referred to as "A") association and the appeal against the plaintiff B and C by the defendant (tentatively referred to as "A") association.

Reasons

1. Basic facts

A. The Defendants are the regional housing association promotion committee, the purpose of which is to build collective housing (hereinafter “instant project”) in the Filju City Filwon (hereinafter “instant project site”), a planned control area, is to build collective housing (hereinafter “instant project”).

B. On January 10, 2017, Plaintiff A entered into an agreement with Defendant D Association and Defendant L apartment M (the subsequent change to Qu), Plaintiff B entered into an agreement with Defendant E Association and Defendant N apartment units on September 14, 2018, and Plaintiff C entered into an agreement with Defendant E Association on November 17, 2016 to purchase each NN apartment P (the subsequent change to R) (hereinafter “each of the instant agreements”) with Defendant E Association, and paid the Defendants the money indicated in the “payment” column in the attached Table to the Defendants on the “payment Date.”

C. The principal contents of each of the instant agreements are as follows.

Article 5 (Mutual Aid Association Agent)

3. The agency expenses of a cooperative shall be KRW 15 million per household, and the agency expenses of a cooperative shall be paid in installments by 50% when a cooperative enters into an membership agreement, and by 50% within 10 days after the contract.

Article 7 (Contributions and Management of Members)

3. The contributions shall, in principle, be deposited by each member in the following accounts designated by the president of the cooperative, not be recognized as all contributions deposited in the accounts other than the cooperative, and shall not be subject to any civil or criminal objection against the financial accidents arising therefrom, and shall not be raised to the president of the cooperative.

5. The contributions of each member shall be the amount for each house type, for each floor, and for each floor, and if there is a difference in the area for sale among the processes of various deliberations and approval of a project plan (including design and alteration of structure) in the future, there may be changes in the contributions

No objection is raised against this.

6. Matters to be entered into a special agreement. (3) Only when the full amount of the down payment and the agency expenses are paid in full after joining the association members, the qualifications for the association members shall take effect, and the down payment and agency

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