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(영문) 수원지방법원안양지원 2017.08.25 2016가단121954
부당이득금
Text

1. The Defendant’s KRW 50 million and the Plaintiff’s annual interest from April 30, 2010 to August 24, 2017.

Reasons

1. Facts of recognition;

A. On March 28, 1996, the Housing Association of Korea (hereinafter referred to as the “Inward Association”) obtained the authorization of the housing association from the head of Dongjak-gu Seoul head of the Housing District Office pursuant to the Housing Act and subordinate statutes in order to construct apartment buildings with three and D lots of land outside Dongjak-gu Seoul Metropolitan Government as business area.

B. The defendant, around December 2009, held the right to purchase an apartment under the name of the plaintiff as a member of the non-party association in the name of the defendant in the loss of the plaintiff's operation, and said that he can sell the apartment after the completion of the business within three years.

C. Accordingly, the Plaintiff agreed with the Defendant to transfer the right to purchase an apartment unit to be newly built by the non-party partnership (hereinafter “instant agreement”) by transfer from the Defendant, and paid KRW 51 million in total to the Defendant from December 28, 2009 to April 30, 2010.

On July 2010, the Plaintiff demanded the Defendant to change the name of the member of the non-party partnership in the name of the non-party partnership under the name of the non-party partnership, and the Defendant received from the non-party partnership the receipt of the written application for joining the association (hereinafter “the receipt of this case”) stating the change of the name of the member in the name of the non-party partnership to E.

E. On November 13, 2012, the non-party association applied for the approval of a project plan within two years from the date of authorization to establish the housing law, but the authorization was revoked, and the plaintiff or E did not have been registered as a member on the list of members of the non-party association.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, the obligation of the Defendant to transfer to the Plaintiff’s membership shall be deemed to have reached an impossible status where the Plaintiff could not expect the implementation of the obligation.

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