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(영문) 부산지방법원 2019.06.14 2018나58837
부당이득금반환 등 청구의소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On May 13, 2015, the Plaintiff acquired the status of a member of the regional housing association (hereinafter “instant association”) with the introduction of Defendant B, and paid KRW 14.9 million as the membership fee of the association. On May 18, 2015, the Plaintiff additionally paid KRW 12 million to Defendant B as the so-called fee for premium or good offices.

(B) The contract that the Plaintiff entered into while taking over the status of a member of the instant association (hereinafter “instant contract”).

Defendant B, a licensed real estate agent, was introduced by Defendant C to transfer the status of the union member of this case to the Plaintiff, and paid KRW 8 million out of KRW 12 million received from the Plaintiff to Defendant C. Defendant C paid KRW 7 million among them to E (the person who introduced the above status of union member in the middle).

C. At the time of the Plaintiff’s transfer of the membership status, the instant association did not obtain the authorization to establish the association, and the purchase of land was not completed. Ultimately, the instant association did not perform the project around January 2016, and returned the amount of KRW 14.9 million to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 6, 9 through 12, and purport of the whole pleadings

2. The assertion and judgment

A. As to the assertion of deception, the Plaintiff’s assertion that the Defendants had taken over the status of a member of the instant association by deceiving the Plaintiff on the legal nature of the instant association’s business, the degree and prospect of the business promotion, and the premium market price.

Therefore, as the Plaintiff rescinded the instant contract on the ground of the aforementioned deception, Defendant B shall return to the Plaintiff the amount of KRW 12 million, which was paid to the Plaintiff as a premium in accordance with the cancellation of the contract. ② The Plaintiff also revoked the instant contract on the ground of fraud, and Defendant B is obligated to return the amount of KRW 12 million received from the Plaintiff as unjust enrichment. ③ The Defendants are obligated to return it to the Plaintiff.

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