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1. The Defendants jointly share KRW 13,000,000 with respect thereto to the Plaintiff and the period from May 2, 2018 to October 8, 2019.
Reasons
1. Basic facts
A. The Defendant (tentative name) C Housing Association Promotion Committee (hereinafter “Defendant Promotion Committee”) was established for the purpose of promoting a regional housing project (hereinafter “instant project”) that newly constructs apartment units on the land of 58,337 square meters in Nam-si, Namyang-si. The Defendant Company B (hereinafter “Defendant Company”) designated as an agent and promoted the instant project.
B. On May 2, 2018, the Plaintiff concluded a membership agreement with the Defendant Promotion Division (hereinafter “instant contract”) through the Defendant Company, and paid KRW 13,000,000 on the same day as the partner contributions or the agency expenses.
C. The Plaintiff submitted to this court a complaint against the Defendant Promotion Board that the instant contract was revoked on the ground of fraud, and on October 8, 2019, a copy of the complaint was served on the Defendant Promotion Board.
[Reasons for Recognition] Facts without dispute, Gap evidence, Gap evidence, Gap evidence, Eul evidence, Eul evidence, Eul evidence Nos. 1, 2, 3, 14, 15, 17, 23, Eul evidence Nos. 1 through 4, 7, 8, and the purport of the whole pleadings
2. The parties' assertion
A. The Defendants asserted that the Plaintiff was aware of the status of securing the source of land use, designation of the same use, size of the complex, and additional contributions in the process of concluding the instant contract. Since the instant contract was lawfully revoked by the Plaintiff’s exercise of the right of revocation, the Defendant Promotion Division is obligated to return the amount of KRW 13,000,000, which was unjust enrichment to the Plaintiff.
In addition, such deception by the Defendants constitutes a tort, and thereby, the Plaintiff suffered damages equivalent to KRW 13,00,000,000, which is paid to the Plaintiff, pursuant to Article 750 of the Civil Act, the Defendant Company is liable to compensate the Plaintiff for damages pursuant to Article 756 of the Civil Act as the employer of the Defendant Company, and the Defendant Company bears liability
And the defendants are union members.