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Deals & Cases

Unjust enrichment

Real Estate Specialist Attorney Consultation Case | Real Estate Attorney Obtains a Full Refund of the Down Payment in a Regional Housing Association Lawsuit After Consultation

The client who requested a consultation with a real estate attorney had joined a regional housing association but, because the project was progressing slowly, sought to cancel the contract and consulted with an attorney who had handled numerous real estate cases.

CONTENTS
  • 1. A Client Who Requested a Real Estate Specialist Attorney Consultation
    • - How the Client Decided to Seek a Consultation
  • 2. Regional Housing Association Lawsuits Examined Through the Real Estate Specialist Attorney Consultation
    • - Statutes Related to Regional Housing Associations
    • - Unjust Enrichment Explained by the Real Estate Specialist Attorney
  • 3. Assistance Provided Through the Real Estate Specialist Attorney Consultation
    • - Real Estate Attorney's Argument 1: The Letter of Commitment Is Void
    • - Real Estate Attorney's Assistance 2: The Client Was Deceived
  • 4. Result of the Real Estate Specialist Attorney Consultation Assistance: “Full Refund”
    • - If You Have Decided to File a Regional Housing Association Lawsuit

1. A Client Who Requested a Real Estate Specialist Attorney Consultation

Daeryun real estate attorney consultation, unjust enrichment civil litigation assistance case

The client who requested a consultation with a real estate attorney had joined a regional housing association, but because the project was progressing only minimally, the client decided to file suit and, with the assistance of a real estate attorney, obtained a full refund of the down payment.

How the Client Decided to Seek a Consultation

The client who consulted a real estate attorney had recently become interested in a regional housing association on the recommendation of an acquaintance.

Hearing that it was scheduled to be completed in a few years, the client decided to invest.

Accordingly, the client entered into a membership agreement with the regional housing association and paid the down payment.

However, even as the scheduled completion date approached, the association had not even obtained approval for its establishment.

The client therefore decided to pursue a 🔗contract rescission or termination and requested assistance through a real estate consultation.

2. Regional Housing Association Lawsuits Examined Through the Real Estate Specialist Attorney Consultation

Daeryun real estate attorney consultation, regional housing association litigation, return of unjust enrichment assistance case

As in the case of the client who sought assistance through a consultation with a real estate attorney, situations often arise where a person joins a regional housing association but, because the project does not move forward, requests termination of the contract.

Statutes Related to Regional Housing Associations

The statutes governing regional housing associations are set out in the Housing Act.

The statutes concerning withdrawal of membership and refund of the membership fee are also set out therein.

Article 11-6 (Withdrawal from Association Membership and Refund of Membership Fees, etc.)

A person who has applied for membership in a housing association may withdraw the subscription for membership in the housing association within 30 days from the date of depositing the membership fee, etc.

Where the withdrawal of a subscription is made in writing, it takes effect on the date the document expressing the intention to withdraw the subscription is dispatched.

The recruiting entity may not claim a penalty or damages against a person who has applied for membership in the housing association on the ground of the withdrawal of the subscription.

A member may withdraw from a regional housing association, but may be unable to recover the contribution paid at the time of joining.

It is therefore important to review the conditions at the time of contracting closely, to determine whether any element is legally improper, and then to prepare the regional housing association lawsuit.

Unjust Enrichment Explained by the Real Estate Specialist Attorney

Unjust enrichment is an amount that arises when a benefit is obtained without any legally justified reason.

If another person used your property without your consent and gained an unjustified benefit, and you suffered harm as a result, you may claim compensation through a lawsuit for the return of unjust enrichment.

▶ What if you did not know it was unjust enrichment?

You must return what remains within the limit of the benefit received, or bear responsibility for it.

▶ What if you knew it was unjust enrichment?

You must return the principal with interest added, and compensate for any loss that occurred.

3. Assistance Provided Through the Real Estate Specialist Attorney Consultation

After reviewing the details of the case through a consultation with a real estate attorney, the attorney examined precedents and relevant statutes similar to the client's case and developed a response strategy.

The attorney also closely reviewed the written undertaking submitted by the client to determine whether there were any unfair terms in the client's contract.

Real Estate Attorney's Argument 1: The Letter of Commitment Is Void

The written assurance the client received stated that if the business plan was not carried out by a specified date, the entire down payment would be refunded.

However, for the refund guarantee agreement to be valid, a resolution of the general meeting was required, yet at the time the client received the written assurance, no such resolution of the general meeting had been made.

Accordingly, we argued that, because the client's written assurance agreement was void, the association membership agreement in this case was also void.

Real Estate Attorney's Assistance 2: The Client Was Deceived

In such regional housing association membership contracts, whether the contribution can be recovered even if the association project falls through is an important factor.

However, even though this letter of undertaking was void, the regional housing association did not inform the client of this fact.

Accordingly, we argued that this constituted an act of deceiving the client, and that the amount obtained through deception was unjust enrichment.

4. Result of the Real Estate Specialist Attorney Consultation Assistance: “Full Refund”

With the assistance provided through a real estate specialist attorney consultation, the court ruled that the regional housing association must refund the full down payment.

The client, who had paid a large down payment yet suffered as the project failed to proceed, expressed gratitude that the matter could be resolved through a real estate consultation.

If You Have Decided to File a Regional Housing Association Lawsuit

This was the case of a client who was nearly unable to recover the down payment but was able to obtain a full refund thanks to the assistance provided through a consultation with a real estate attorney.

Unlike redevelopment, a regional housing association project begins without first purchasing the land, so additional contributions may arise or the project may fall through, which can result in financial harm to association members.

For this reason, it is important to carefully examine the terms before entering into a contract, and to respond with the assistance of a specialized attorney when terminating a contract in order to reduce financial loss.

At Daeryun Law Firm, attorneys with extensive experience in regional housing association litigation form a task force according to the case to analyze and review the matter and assist clients.

If you have decided to pursue regional housing association litigation as in this client's case, please consider receiving a consultation with a real estate attorney through 🔗legal consultation booking.

부동산전문변호사상담

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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