부당이득금
1. The judgment of the court of first instance is modified as follows.
A new partner replacing the plaintiff shall enter into an agreement with the defendant.
1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Summary of the plaintiff's assertion
A. On April 24, 2020, the Plaintiff became disqualified as the head of the household and lost his membership. Thus, the Defendant is obligated to pay to the Plaintiff 4,640,000 won, which is the balance of the Plaintiff’s share paid after deducting the down payment and the agency expenses from the share of the Plaintiff’s share pursuant to Article 12(4) of the Rules and Article 10(4) of the Agreement on the Admission to the Association of this case, and the damages for delay thereof, and the new partner or the general buyer replacing the Plaintiff, who fully pays the amount to be paid at the relevant time.
B. On April 24, 2020, the plaintiff in the preliminary claim is disqualified as the head of the household, and thus is disqualified as the defendant's member and thus is not in the defendant's member status.
3. Judgment as to the main claim
A. The Plaintiff, upon the occurrence of the obligation to return the contribution, loses the status of a member of the association to the Defendant on April 24, 2020 after paying the contribution to the Plaintiff under the agreement to join the association, thereby failing to meet the requirements for membership qualification under Article 8(1) of the instant agreement. Therefore, the Plaintiff automatically lost the status of the Defendant’s member pursuant to Articles 8(2) and 12 subparag. 2 of the instant agreement.
Therefore, the Defendant is obligated to return to the Plaintiff the balance remaining after deducting the down payment and the agency expenses from the contributions received from the Plaintiff pursuant to Article 12 subparag. 4 of the Rules of this case and Article 10(4) of the Agreement on the Joining the Association.
As to this, the defendant intentionally loses the membership through the change of the householder, thereby violating the obligation to perform the contract of this case and the duty to cooperate in the business of this case against the good faith principle, the above act of the plaintiff constitutes a default and tort against the defendant.