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(영문) 울산지방법원 2021.01.14 2019가합13434
부당이득금
Text

The defendant shall pay 50,00,000 won to each of the plaintiffs and 12% per annum from July 12, 2019 to the day of full payment.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established to build an apartment house (hereinafter “the apartment of this case”) in the Ulsan Jung-gu P department pursuant to the Housing Act.

B. The Plaintiffs entered into a contract with the Defendant to join the regional housing association (hereinafter “instant subscription contract”) on each day indicated in the attached table of the subscription date.

(c)

At the time of entering into the instant subscription contract, the Plaintiffs paid the Defendant each money in the form of the total sum of the paid money in the attached Table under the name of contributions, administrative expenses, etc.

(d)

At the time of entering into the instant subscription contract, the Plaintiffs owned two or more houses or owned houses with an exclusive residential area of more than 85 square meters, and the head of Ulsan-gu Office, Ulsan-gu, upon entering into the instant subscription contract, notified the Defendant of the lack of qualification for the Plaintiffs on the ground that the requirements related to housing ownership under Article 11 of the Housing Act and Article 21 of the Enforcement Decree of the same Act are not satisfied.

E. The Defendant obtained authorization for the establishment of a regional housing association on August 24, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3 through 17, 26 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion that even if they did not satisfy the plaintiffs' membership qualifications at the time of entering into the contract of this case, they can acquire the membership status as a voluntary household or associate member and be sold in lots on the same condition as the members.

The plaintiffs deceiving the defendant, and the plaintiffs concluded the subscription contract of this case with the defendant. The plaintiffs shall revoke the subscription contract of this case on the grounds that they expressed their intent by fraud or mistake through the service of the complaint of this case.

Therefore, the defendant is obligated to return to the plaintiffs each sum of the money paid in attached Table to the original state following the cancellation of the contract, and interest thereon or delayed damages.

B. The defendant's assertion 1).

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