부당이득금 반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Basic Facts
B Housing Association(hereinafter referred to as “B Housing Association”) was established on April 2003 with the purpose of implementing apartment construction projects on the ground other than Seosan City around April 2003.
Since then, around April 19, 2003, the B Housing Association concluded an enforcement agency agreement with D Co., Ltd. (hereinafter “E Co., Ltd. at the time, but the trade name was changed on October 16, 2004; hereinafter “D”) and recruited its members along with D.
Around May 2003, the Defendant agreed to authorize the new apartment construction work to be implemented by the B Housing Association, including the president of the B Housing Association and the representative director G of H and D, which will be implemented by the B Housing Association. The Defendant agreed that the new apartment construction work will be ordered on May 6, 2004, which will be implemented by the B Housing Association.
The plaintiff, such as the plaintiff's investment, etc., invested a total of KRW 398 million in cooperation with G and F in purchasing the project site. On December 27, 2003, the plaintiff received the apartment sale contract signed by H, G, and F respectively in order to guarantee the investment amount.
Since then, on June 29, 2004, the B Housing Association shall provide the Plaintiff with the “payment of KRW 400 million regardless of D,” and on July 27, 2004, the payment of KRW 500 million by February 28, 2005, regardless of D, and on January 7, 2005, if the payment of KRW 500 million by February 28, 2005 is not made, penalty and interest shall be paid.
“The” has drawn up and issued a note of performance.
B Article 11 (Employees and Employees) of the Contract Agreement on Construction Works and Loan Agreements between the Housing Association and the Defendant
2. The defendant shall be liable for the acts of his agent, employee, or worker.
Article 23 (Joint Management, such as Contributions to Members) The contributions of members and proceeds from sale, such as commercial buildings, shall be paid.