부당이득금
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. Defendant B’s regional housing association promotion committee (hereinafter “Defendant B’s promotion committee”) is the project implementer of the instant project as the regional housing association promotion committee for the construction project (hereinafter “instant association apartment”) of the regional apartment housing association of 731 households in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant association apartment”) with the project area of 36,136 square meters in Seoul, pursuant to Article 11 of the Housing Act. Defendant C is the agent of the instant project.
B. On March 10, 2018, the Plaintiff entered into a partnership apartment membership agreement (hereinafter “instant subscription agreement”) with the Defendants as shown in the attached Form, and thereafter, as a member’s contribution, the Defendants from March 10, 2018 to March 10, 2018.
8. up to 10.10. A total of KRW 70,000,000 was paid.
[Grounds for recognition] The evidence Nos. 1 and 5 of Gap, and the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The plaintiff's assertion that the plaintiff is not a member of the defendant's promotion committee for the following reasons, and the plaintiff claims the return of the amount paid by the plaintiff as a member's contribution.
① At the time of the instant subscription agreement, E, an employee of the Defendants, was deceiving the Plaintiff to the effect that the Defendant Promotion Committee was authorized to establish the association from March 2019 and was able to obtain approval for the instant business plan on the beginning of 2020, and did not notify the Plaintiff of the content of the instant business and the possibility of any change in the schedule. The Plaintiff concluded the instant subscription agreement by deceiving the Defendants by commission and omission, and paid KRW 70,000,000 as a total amount of money as the share of expenses. However, since the Defendants revoked the instant subscription agreement by delivery of a duplicate of the complaint, etc. thereafter, the Defendants paid KRW 70,00,000 as the share of the Plaintiff as the share of the Plaintiff due to the return of unjust gains.