부당이득금
1. The Defendant’s KRW 73,160,000 as well as the Plaintiff’s annual rate from May 15, 2017 to August 19, 2020.
1. Basic facts
A. The parties 1) The Defendant is an organization established to promote the business of building B’s apartment (hereinafter “instant apartment”) in the Seoul Special Metropolitan City Gwanak-gu Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City’s Housing Association site (hereinafter “instant apartment”).
2) On February 29, 2016, the Defendant entered into a contract with D Co., Ltd. (hereinafter “D”) for vicarious execution of duties related to the progress of the instant project.
3) The Plaintiff is a person who has entered into a membership agreement with the Defendant.
B. On April 2017, the Plaintiff entered the Plaintiff’s regional housing association, etc.) and then visited the Defendant’s public relations center model to sell the instant apartment, and received data on the process of promoting the regional housing association B, stating “178 props members among 355 members and 80% of the land use consent ( January 2016),” in relation to securing the project site from the public relations center at the model bar site.
2) On April 8, 2017, the Plaintiff entered into a contract with the Defendant for joining the housing association with regard to the instant project (hereinafter “instant contract for joining the housing association”) with the area of 59 square meters for exclusive use by E heading, 114,280,000 won for the association members, via D, a company acting as an agent for the business affairs of the association, and paid KRW 73,160,000 in total, including the amount of KRW 10,000,000 on April 8, 2017, and the amount of KRW 25,00,000,000 on April 15, 2017, and KRW 38,160,000 on May 14, 2017.
(c)
On June 18, 2017, the Defendant held the inaugural general meeting of the Defendant at the above inaugural general meeting. In relation to securing the business site of the instant project at the above inaugural general meeting, the Defendant made a statement to the effect that “178 props members among 355 props and secure approximately 80% of them including written consent to land use ( January 2016)” were distributed, and the Defendant’s president also made a statement to the effect that “the Defendant secured more than 80% of them as the business site of the instant project.”
(d)
The defendant actually secured.