[Civil Litigation Attorney Assistance Case] Client Who Won an Unjust Enrichment Lawsuit With the Assistance of a Civil Litigation Attorney

The client who requested the assistance of a civil litigation attorney joined the regional housing association for which the defendant served as the promotion committee, in order to be allotted a newly constructed apartment.

The client entered into the membership agreement with the defendant in reliance on the "member protection guarantee program," under which the full deposit would be refunded if the project fell through.

The client paid a substantial contribution, including service fees and the deposit, and received a member protection guarantee letter.

As the client later learned, the defendant, after establishing the promotion committee, was unable even to file an application for association establishment approval with the competent authority. When the project in this case was delayed as a result, the defendant demanded an additional contribution from the members, citing rising land acquisition costs as a pretext.

The client expressed an intention not to pay the additional contribution, and the defendant wrongfully expelled the client from the association.

The client then requested the return of the contribution, and with the defendant refusing it, the client came to the civil litigation attorneys at Daeryun Law Firm in order to recover the full contribution.

• Lawsuit for Return of Unjust Enrichment

Substance of Unjust Enrichment (Article 741 of the Civil Act)

A person who obtains a benefit from the property or services of another without legal cause and thereby causes loss to that other person shall return such benefit.

Requirements for a Claim for Return of Unjust Enrichment

- A benefit arising from another person's labor and substantive ideas or property

- Loss caused to another person as a result of the benefit

- The existence of a causal relationship between the realization of the benefit and the loss

- The absence of any legal basis to justify the benefit

The member bylaws of the regional housing association in this case specify a provision requiring the contribution to be returned to an expelled member.

The attorney therefore argued that, under the bylaws, the defendant had an obligation to return the contribution received from the client.

In order to recruit members, the defendant induced membership by promoting a "protection guarantee program" under which the full amount would be refunded.

The client would not have entered into the regional housing association membership agreement without such a program, and because the contract was concluded by the defendant's deception, the membership agreement is void.

The attorney therefore argued that the defendant had an obligation to return the contribution received from the client.

After the defendant's demand for an additional contribution, the client, as the prospects became uncertain, expressed an intention to have the contribution returned on the ground that the association had not been established.

Because this was specified in the protection guarantee letter that the defendant had promoted, the attorney submitted the relevant documents and requested that the court grant the claim in full, arguing that the defendant had to return the full contribution to the client.

In this case, the client, who had been unfairly expelled from a regional housing association promotion committee, had not been able to recover the paid contributions, and with the assistance of a civil litigation attorney, the client succeeded in recovering the full amount.

As shown here, regional housing cases involve many variables, so the assistance of a civil litigation attorney is helpful.

With the help of an experienced attorney, it is advisable to examine the matter closely from the early stages and establish the facts.

At Daeryun Law Firm, attorneys with extensive experience in various contract dispute cases assist clients in pursuing favorable outcomes.

If you are facing difficulties in a situation similar to this case, you may reach out to a civil litigation attorney at Daeryun Law Firm for assistance at any time.