부당이득금반환 청구의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance is as follows: (a) the court changed the term “Article 11(7) of the Housing Act, Article 21(1)1 of the Enforcement Decree of the Housing Act,” “Article 32(7) of the former Housing Act (amended by Act No. 14344, Dec. 2, 2016); (b) Article 38(1)1 of the former Enforcement Decree of the Housing Act (amended by Act No. 27444, Aug. 11, 2016); and (c) Article 420 of the Civil Procedure Act (amended by Act No. 27444, Aug. 11, 2016); and (d) the reasoning of the judgment of the court of first instance is as follows, except for the addition of “the additional determination on the Plaintiff’s assertion to add
2. Additional determination
A. The gist of the plaintiff's additional assertion 1) The defendant notified the plaintiff as to the completion of the purchase of land at the time of the conclusion of the contract for joining the association of this case as if it had not been completed at least 97%, and entered into the contract for joining the association of this case by deceiving the plaintiff, such as advertising that the purchase of land was completed at the time of the conclusion of the contract for joining the association of this case, and issuing a certificate of promise that no additional contribution would accrue to the association members. Since the plaintiff cancels the above contract through the preparatory document of this case, the defendant is obligated to return the money of this case received from the plaintiff as unjust enrichment to the plaintiff as a member of another regional housing association under Article 21 (1) 1 (c) of the Enforcement Decree of the Housing Act (qualification of union members) of the Housing Act of Article 21 (1) 1
1. Members of a regional housing association: Persons meeting all of the following requirements:
(a) The type, method of selecting occupants, etc. of housing owned from the date of application for authorization to establish an association (where the relevant housing construction site is located in an overheated speculation district under Article 63 of the Act, referring to the date one year before the date of application for authorization to establish an association; hereinafter the same shall apply) to