1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The defendant B Housing Association (hereinafter referred to as the "Defendant Association") is a housing association established to build apartment houses of a regional housing association in the Dao C at the same time and sell them to its members.

On February 21, 2016, the Plaintiff entered into an agreement to enter into an association with a view to purchasing one household with an exclusive area of 84 square meters (106 Dong 1203, 1203; hereinafter “instant apartment”) from among apartment units of a regional housing association to be newly constructed (hereinafter “instant agreement”) and paid a total of 28 million won from February 21, 2016 to May 13, 2016.

After the conclusion of the instant contract, the Defendant Union received notification to the effect that some of its members, including the Plaintiff, were not qualified as a member, although it filed an application for entry at the time of the instant contract.

(A) The Plaintiff’s children, who form the same household, have the status as the winner of the offer. 【The ground for recognition, without any dispute, and the Plaintiff’s assertion of the purport of the entire pleadings, as to the Plaintiff’s assertion of the Plaintiff’s assertion as to the Plaintiff’s purport of the instant contract, cannot be a member of the Defendant Union since the conclusion of the instant contract. Accordingly, the instant contract is null and void as it is its original impossibility, and thus, the Plaintiff’s share of KRW 28 million paid by the Plaintiff should be returned to the Plaintiff as unjust enrichment.

Since the defendant knew or could have known that it is the original impossibility, it is negligent in concluding the contract.

Even if the contract of this case does not fall under the original impossibility, the plaintiff cannot be qualified as a member of the regional housing association. Thus, the contract of this case became final and conclusive impossibility, and such impossibility was caused by the defendant's failure to verify or explain the qualification requirements for the regional housing association members. Thus, the contract of this case was cancelled in accordance with Article 546 of the Civil Act and the restoration to its original state.