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(영문) 서울중앙지방법원 2015.05.12 2014가단5295016

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts do not conflict between the Parties:

Defendant B’s regional housing association (hereinafter “Defendant Association”) is a housing association established to build a regional housing association with approximately 7,469 square meters of a site area and approximately 42,498 square meters of a total floor area (hereinafter “the apartment of this case”) on the part of Dongjak-gu Seoul Metropolitan Government in order to sell it to its members. Defendant C is the head of the Defendant Association; Defendant D is the head of the Defendant Association; Defendant D (hereinafter “Defendant Company”); and Defendant E is the representative director of the Defendant Company.

B. Around July 7, 2011, the Defendant Cooperative obtained authorization from the head of Gangdong-gu. Around November 2010, the Plaintiff entered into a contract for joining a regional housing association (hereinafter “instant agreement”) with the content that, among the instant apartment buildings to be newly constructed between the Defendant Cooperative, one household with an exclusive use area of 85 square meters in KRW 549 million (524 million for the union members, KRW 25 million for the union members, and KRW 25 million for the agency business”).

C. Pursuant to the instant agreement to join the association, the Plaintiff paid the Defendant the down payment of KRW 30 million at the time of the contract, the intermediate payment of KRW 30 million on July 25, 201 (i.e., the intermediate payment of KRW 5 million (i., the intermediate payment of KRW 25 million), the intermediate payment of KRW 12.5 million on September 7, 201, and the intermediate payment of KRW 2.5 million on September 8, 201.

Around September 25, 2014, the Defendant Union sent to the Plaintiff a peremptory notice stating that, if the Plaintiff does not pay the unpaid intermediate payment and late payment under the instant partnership subscription agreement by October 22, 2014, the Plaintiff would rescind the instant association subscription agreement. The Defendant Union’s preparatory document dated April 6, 2015, which included the following: “The termination of the instant association subscription agreement on the ground of the late payment and late payment under the instant partnership subscription agreement,” was sent to the Plaintiff on the same day.

2. The plaintiff's assertion

A. Defendant C and E are eligible for membership in the Defendant Partnership at the time of the instant contract for the return of unjust enrichment (claim against the Defendant Partnership) 1.