부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On May 22, 2006, the Plaintiff decided to purchase 54,000,000 won the right to purchase the land for taking measures against the living in the area of the Housing Site Development in Seongbuk-gu, Sungnam-si, and paid 54,00,000 won to the Defendant on the day.
(hereinafter “instant contract.” At the time of the said contract, the Defendant agreed that “the seller shall transfer or succeed to the right to sell the land for livelihood countermeasures (right to share) generated from expropriation to the buyer,” and “the seller shall have all responsibility from the date of the sales contract until the time the right to sell the land for livelihood countermeasures (right to share) is handed over to the buyer.”
B. On September 3, 2007, persons eligible for the supply of land for livelihood countermeasures including the Defendant established the “D Association” (hereinafter “D Association”) and the Plaintiff attended the said inaugural general meeting with the power of attorney from the Defendant and exercised its rights as its members.
On September 28, 2007, the instant association entered into a contract to purchase KRW 641 square meters of land for a neighborhood living area in Sungnam-si (F) from Sungnam-si (hereinafter “Final Parcel Number”) in KRW 4,065,860,000.
The instant association is dissolved on July 11, 2008, and on February 25, 2010, the Plaintiff succeeded to the said association by succeeding to the said association on February 25, 2010, and the Plaintiff received the registration of ownership transfer for the land for neighborhood life.
The plaintiff was delegated by the defendant and exercised his rights as a member at the above general meeting of dissolution.
C. Meanwhile, Article 33(1) of the articles of association of the instant association provides that “where a project implementer intends to transfer a parcel of land supplied from a project implementer before the transfer registration of ownership, it may be transferred only when all members’ share in the land is transferred, and each member’s share in the land shall not be transferred individually.”
[Ground of recognition] A without any dispute, Gap evidence 1, Eul evidence 2, Eul evidence 1 through 5, fact-finding reply, and oral argument of the Sungnam market.