부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion was filed by the Defendant on October 7, 2008, while residing in the Yangcheon-gu Seoul apartment house located in the Yangcheon-gu Seoul Metropolitan Government B apartment house and was redeveloped and sold by the Defendant.
At the time of sale, the Defendant agreed to sell an apartment as KRW 63,00,000 at the time of sale, but received KRW 101,361,00 from the Plaintiff.
From among the 101,361,000 won received by the Defendant, the Defendant sought the return of the said money as unjust enrichment of KRW 30,00,000,000, which deducts the aggregate of KRW 71,000,000,000, for each unit of the rent of each apartment house, KRW 63,000.
2. Determination:
A. According to the evidence Nos. 2 and 1 and 2 evidence, it is recognized that the plaintiff is a housing association that the plaintiff claims. The plaintiff is a member of the housing association; the plaintiff's share of KRW 63,00,000 for each usual type of contribution claimed by the plaintiff is stipulated by the D Housing Association's regulations on May 29, 2003; and the defendant is a person awarded a contract for the new construction of an apartment from the D Housing Association and conducted only the execution and supply as a sales agent.
If so, even if there is money paid in excess of the Plaintiff in relation to the contribution of the association members, it is necessary to seek the return from the D Housing Association, which is the implementing entity, and it can not be claimed against the Defendant, which is only a contractor and a sales agent.
B. There is no other assertion or proof as to the Plaintiff’s right to seek the return of unjust enrichment against the Defendant.
3. The plaintiff's claim for the conclusion is dismissed on the ground that it is without merit.