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(영문) 서울서부지방법원 2020.08.11 2019나39762
부당이득금반환 청구의 소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Basic facts

A. Defendant (tentative name) Regional Housing Association Promotion Committee (hereinafter “Defendant Promotion Committee”) is an organization established pursuant to Article 11 of the Housing Act, Articles 20 and 21 of the Enforcement Decree of the Housing Act, and Article 7 of the Enforcement Rule of the Housing Act, and Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) is an agent of the instant project that entered into a contract with the Defendant Promotion Committee for the business of proxy service with the purpose of promoting the instant project (hereinafter “instant project”).

B. On September 15, 2018, the Plaintiff entered into an agreement with the Defendant Promotion Committee to enter into an association (hereinafter “instant agreement to enter into the association”) with a view to purchasing a unit of 59 square meters for an apartment unit newly constructed pursuant to the instant project, among apartment units, and paid KRW 30 million in total as a contract deposit, etc. to E, a financial manager of the Defendant Promotion Committee, as a manager of the Defendant Promotion Committee.

[Ground of recognition] The descriptions of Gap evidence Nos. 4, 5, Eul evidence Nos. 2 through 4 (including paper numbers), and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the contract to join the association of this case was cancelled, cancelled, or invalidated for the following reasons, and the defendants asserts that the plaintiff is obligated to return the amount of KRW 30 million paid to the plaintiff as unjust enrichment or restitution to its original state.

1 The Defendants, at the time of the instant agreement to join the association, notified the Plaintiff of the important matters in the transaction as follows:

In other words, although it was notified that the consent ratio of the use of a project site was more than 60%, the actual amount was less than 39.04%, and ② prior to the instant project, it was notified that the “B station area redevelopment project” was implemented, but there was only a little amount of implementation of the “B station area long-term rental housing rearrangement project” rather than the previous redevelopment project, and ③ there was a case of success in the conversion of the regional housing association, but the said conversion was notified by the parties.

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