부당이득금반환
1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
1. Basic facts
A. In around 2004, the Defendant leased the farmland I in Sung-gu, Sungnam-si and set up the farmland and became eligible for the supply of the land for livelihood countermeasures as the said land was incorporated into the area to be designated for housing site development.
B. Around August 2007, the implementor of the housing site development project, “public announcement of the supply of the C-C-C-suing site.” According to this, the right to purchase the living countermeasure site can only be the object of the supply of the living countermeasure site because only the association composed of the persons selected as the object of the supply of the living countermeasure site, and thus only the union can enter into a lawful contract for the sale of the living countermeasure site. In the case of the sale contract, it is only possible to change the name as a whole only once, and it is not allowed for
C. The Defendant organized the JJ association (hereinafter “instant association”) with other persons eligible for supply of land for livelihood countermeasures, and registered the instant association as its members.
On September 28, 2007, the association of this case was sold in lots the I land of the branch of Sungnam-si (after that, the land was later sold in Qua in the branch of Sungnam-si).
E. Article 9 of the articles of association of the instant association provides that the entire shares of the union members can be transferred before the registration of transfer of ownership of the land for livelihood countermeasures, such as the notice of the supply of the land for livelihood countermeasures, and each share of the union members can not be transferred individually in principle, and the shares of union members can be transferred only once with the consent of all union members as a result of the general meeting of the union.
[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1 and 2, fact inquiry and reply to the Sungnam market by the court of first instance, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. On February 5, 2004, the plaintiff asserted that the plaintiff is not entitled to the defendant's living countermeasure site from the defendant in the housing site development project.