부당이득금반환 등 청구의 소
1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. A party’s status (tentative name) B regional housing association is an organization organized to promote the establishment, etc. of a regional housing association which implements a project of supplying a new apartment house below the scale of national housing to a homeless person as the project area of the Yeongdeungpo-gu E, Young-gu, and the said organization has obtained the authorization of establishment of a regional housing association upon filing an application for the authorization of establishment of a regional housing association at the time of tolerance.
[Provisionally, Defendant B’s regional housing association comprehensively succeeded to the rights and duties of the said (tentatively named)-B regional housing association prior to obtaining authorization for establishment. As such, the following is the person who entered into an agreement with the Defendant association on August 30, 2016 (hereinafter “instant membership agreement”). The Plaintiff is a person who entered into an agreement with the Defendant association (hereinafter “instant membership agreement”).
On December 31, 2015, Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) concluded an agency business service contract concerning the instant project implementation affairs with the Defendant Trade Association. Defendant C is an employee of F Co., Ltd., an agent entrusted by the Defendant Trade Association with the recruitment of union members, and recommended the conclusion of the instant subscription contract between the Plaintiff and the Defendant Trade Association.
B. The Plaintiff entered into the instant subscription agreement and the content thereof, before entering into the instant subscription agreement, searched the advertising for the apartment units newly built by the Defendant Union on the Internet, and received the Defendant C’s consultation at the model staff of the sales promotion center operated by the Defendant Union. At the time, the Defendant C stated that “the Defendant Union already purchased and secured the land of 8.7% out of the project site.”
On August 30, 2016, the Plaintiff entered into the instant subscription contract with the Defendant Cooperative, and paid KRW 36,700,000 to the Defendant Cooperative as a down payment and contribution, etc. (hereinafter “the instant money”).
An application for housing shall be made in the cover of the subscription contract prepared at the time of the instant subscription contract.