2017dada8579 Return of down payment (Fraud)

A

B

November 22, 2017

December 20, 2017

1. The plaintiff's claim is dismissed.

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

The defendant shall pay to the plaintiff 37,010,000 won with 15% interest per annum from the day following the service date of a copy of the complaint of this case to the day of complete payment.

1. Summary of the plaintiff's assertion

The defendant, as the representative of the C Housing Association, shall create an apartment complex (E) with six 5 stories above 3 stories above 1,764 households above 55 stories above 3 stories above 55 stories above the ground on the site of 22,800 square meters below 2,000 square meters below the 3.3 square meters for its members.

In 2020, the government was scheduled to move into the second half of 2020, and obtained the consent of the land owners with approximately 90% of the present 90% or more, and the association establishment necessary for the implementation of the project was publicized as false as of the date.

The Plaintiff believed the above false publicity as a fact, and the Defendant applied for membership in the C Housing Association, a representative, to the Defendant, and paid KRW 37,010,000 to the Defendant as a down payment.

As above, the Defendant is liable to pay to the Plaintiff KRW 37,010,000, which the Plaintiff paid to the Plaintiff as well as damages for delay, on the ground that the Defendant’s act of making a membership recruitment advertisement and receiving the down payment, etc. from the Plaintiff who filed an application for membership.

2. Determination

In the name of the Association C, it is not sufficient to recognize only the health unit, the document of evidence No. 2 as to whether the advertisement that the Defendant is a means of acquiring the down payment, etc. from the applicants of the Association as an advertisement with a false content that the Defendant is running a housing development project for the 1,764 apartment units of the 3rd underground and 55th above the ground, in the name of the Association D, and there is no other evidence to acknowledge it.

(In the Plaintiff’s assertion, the Defendant is merely the representative of the C Housing Association, and the subject who receives the down payment from the Plaintiff is the C Housing Association, and even if the termination of the Plaintiff’s membership is justified, the Plaintiff is not the Defendant, but the said C Housing Association. In this respect, the Plaintiff’s claim is without merit)

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

Judges Yang Sung-ho