2. The costs of lawsuit shall be borne by the Plaintiff.

A. On July 6, 2017, the Defendant is a regional housing association that obtained authorization for the establishment pursuant to Article 11 of the Housing Act to implement a regional housing construction project (hereinafter “instant project”) in the area of the wife C in the area of the common population C from the Incheon City Mayor.

B. On June 28, 2016, the Plaintiff entered into a contract with the Defendant’s promotion committee (hereinafter “the Defendant’s association”) under which the Plaintiff wishes to purchase an apartment unit D (71m2) to be constructed pursuant to the instant project after obtaining authorization for the establishment thereof (hereinafter “instant contract”) and deposited KRW 57,00,000 in total with the account designated by the Defendant under the instant contract.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-3 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is a person who is unable to satisfy the defendant's qualification as a member in residing in the racing and so the contract of this case is null and void.

Therefore, the defendant is obligated to return the sale price of KRW 57,00,000 paid by the plaintiff based on a null and void juristic act to the plaintiff as unjust enrichment.

In addition, the defendant did not have any problem for the plaintiff to be supplied with the apartment housing of its members even if the plaintiff is not a member's qualification, and even if the obligation to pay additional contributions could have occurred, it caused mistake by deceiving the plaintiff. Since the plaintiff expressed his intention to cancel the contract of this case by serving a written complaint, the defendant is obligated to return the purchase price of KRW 57,00,000 to the plaintiff as unjust enrichment.

B. Article 11(7) of the Housing Act and Article 21(1)1 of the Enforcement Decree of the Housing Act provide for the qualification of a member of a regional housing association as to the assertion of invalidation 1. The instant contract reflects the foregoing as it is, and thereby reflects Article 2, the “the qualification of a member of the association” as of the date of application for authorization