Of the instant lawsuit, the part of the claim for restitution of unjust enrichment is dismissed.

The plaintiff's remaining claims are dismissed.

Basic Facts

The non-party association implemented a market improvement project to remove the Gu's commercial buildings on the ground of 1,648.6m2 in Gangnam-gu Seoul Metropolitan Government and newly build D main apartment complexes. The non-party association sold a new commercial building equivalent to 136% of the old commercial building area owned by each partner to the members, and if there is a difference in the area, the amount equivalent to the difference shall be settled, and the association members E decided to sell apartment buildings instead of the commercial building.

Accordingly, on February 13, 2007, the non-party union established a management and disposal plan to purchase apartment units by holding a general meeting of the management and disposal of apartment units, and on May 1, 2007, approved the above management and disposal plan by the head of Gangnam-gu office.

On August 17, 2010, the non-party association held an extraordinary general meeting and resolved to amend the management and disposal plan to the effect that the shares of the association members who purchased apartment units shall be 136% of the appraised amount of the assets of the old commercial building owned by the association members and the sales price of the apartment units. On September 29, 2010, the non-party association obtained an amendment to the above management and disposal plan from the head

On November 23, 2010, E had been transferred to the apartment building No. 702 (hereinafter the apartment building of this case) on the above market improvement project.

On December 15, 2010, the non-party association received a provisional attachment decision of KRW 572,408,000 for the amount of the claim against the apartment of this case with the claim against E as the preserved bond (Seoul Central District Court 2010Kadan6739), and upon the entrustment of the above provisional attachment registration, on December 20, 2010, the preservation of ownership in the name of E was completed for the apartment of this case.

On March 7, 2011, the registration of ownership transfer for the apartment of this case was completed on the same day.

On December 23, 2011, the non-party association filed a lawsuit against E seeking the payment of the charge for the apartment of this case (Seoul Central District Court 201 Gohap 135931) and on August 30, 2012, the "E" filed with the non-party association 509,342,000 won and its corresponding amount.