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(영문) 의정부지방법원고양지원 2020.02.19 2019가단87135
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is one of the non-corporate groups established for the purpose of constructing five apartment complexes with a total of 2,510 households (hereinafter “instant apartment complex”) in the Yongsan-gu, Yongsan-gu (hereinafter “instant project site”) for the purpose of implementing the instant housing construction project (hereinafter “instant housing construction project”), and the project area is five complexes.

B. On March 1, 2018, the Plaintiff entered into a contract to enter into an association with the Defendant for the purpose of selling the instant apartment units in total amount of KRW 362,002,00 among the apartment units in this case (hereinafter “instant contract”), and the same year from February 26, 2018 to E Co., Ltd. which entered into a fund management trust contract with the Defendant.

6. up to 13. A total of KRW 84.99 million and agency expenses were paid.

C. Article 10(1) of the Agreement on the Joining Partnership (Evidence 1) prepared at the time of the instant contract provides that “When the Plaintiff wishes to voluntarily withdraw from partnership due to its own circumstances, he shall submit to the Defendant a letter of withdrawal along with a certificate of his personal seal impression for the withdrawal of partnership no later than 15 days, and the withdrawal shall not be recognized by any other means, but it shall be limited to where the union recognizes withdrawal by resolution at a general meeting

Article 12(1) of the Rules of the Defendant’s Union provides that “A partner may not withdraw from a cooperative at will: Provided, That where a partner intends to withdraw from the cooperative due to an inevitable cause, he/she shall notify the head of the cooperative in writing (the withdrawal from the cooperative accompanied by a certificate of seal impression), and the head of the cooperative shall decide whether to withdraw from the cooperative by resolution of the general meeting or the board of directors.”

On April 16, 2019, the Plaintiff expressed his/her intention to withdraw from partnership to the Defendant.

[Reasons for Recognition] Gap's evidence 1, 3, Eul's evidence 1, 2, 4, 3, and 6, and the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion entered into the instant contract and the Defendant’s share of KRW 88 million and agency expenses.

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