Deals & Cases
Namyangju Civil Attorney | Helped a Regional Housing Association Member Recover the Full Down Payment
The client who requested help from the Namyangju Civil Attorney sought the return of the down payment for joining a regional housing project.
The civil attorney represented the client in a claim for the return of unjust enrichment, and the client succeeded in recovering the full down payment.
1. The Client's Situation
The client who requested a consultation from the Namyangju Civil Attorney sought the return of the down payment for joining a regional housing association.
The regional housing association (hereinafter the regional housing project) had stated that construction would be completed within three years, but even after that period had passed, the association establishment had not even been approved.
The Namyangju Civil Attorney set out to identify the circumstances of the client's case through a detailed consultation, and advised that, through a lawsuit for the return of unjust enrichment, it should be possible to recover the 70 million won down payment already paid.
Regional housing association regulations are complex, covering members' rights and obligations, withdrawal conditions, and the like, and the litigation is characteristically complicated because disagreements arise between the association and its members.
Although it was a complex civil lawsuit, the client felt great trust in Daeryun Law Firm, which provides a one-team attorney response dedicated solely to the client, and entrusted the case to the firm.
What Is a Regional Housing Project Lawsuit?
A regional housing project lawsuit refers to a regional housing association lawsuit, that is, a 🔗regional housing association lawsuit filed to resolve disputes arising in connection with a regional housing project.
A regional housing association is a project in which owners of small housing units and persons without housing who reside in the same metropolitan city, city, or county establish an association under the Housing Act, secure land in a specific area, and build apartments.
Unlike ordinary redevelopment or reconstruction, it takes the form of residents directly forming an association and carrying out the project.
To join a regional housing association, a person must pay a membership fee, and as the project progresses, additional contributions are paid.
A regional housing association proceeds through stages such as reporting member recruitment, approval of association establishment, approval of the project plan, commencement of construction and sale, and liquidation and dissolution of the association.
To join a regional housing association, a person must fall under one of the following: a person without housing, an owner of housing of 85m² or less, or a person who has resided for at least six months in the same or a neighboring area.
Representative types of regional housing association lawsuits include the following: ▲member eligibility, ▲contract termination, ▲return of contributions, and ▲problems with the project approval process.
2. Namyangju Civil Attorney, Assistance With an Unjust Enrichment Return Lawsuit to Recover the Regional Housing Project Down Payment

The Namyangju Civil Attorney set out to prepare for the return of the client's down payment for joining the regional housing project.
The civil attorney prepared an unjust enrichment return lawsuit while gathering evidence to prove that the association membership contract in this case was void.
Civil Attorney, Argument on the Validity of the Letter of Undertaking
At the time of concluding the association membership contract in this case, the client and the defendant entered into an agreement stating, 'We undertake to refund the full member contribution if the project approval is not completed within one year after approval of the association establishment during the course of the above project.'
The legal character of the regional housing project promotion committee is that of a non-incorporated association, and the contributions paid by its members constitute the property of the non-incorporated association, belonging to the collective ownership of the members.
If there are no articles of association or regulations, action must be taken by resolution of the general meeting of members, so unless otherwise provided in the articles of association or regulations, an act of managing or disposing of collectively owned property without a resolution of the general meeting of members is void.
Such an agreement, when the stated condition is fulfilled, returns the member contributions that are collectively owned property of the members, so it cannot be regarded as a mere act of assuming a debt and constitutes an act that reduces the collectively owned property itself.
The refund-guarantee letter of undertaking that the association issued to its members presupposes an act of disposing of the property of an association that has not yet been established.
Because the letter of undertaking prepared before the establishment of the association was made without the approval of the association's general meeting, it constitutes a disposal by a person without authority and is void.
The Namyangju Attorney emphasized that the refund-guarantee letter of undertaking prepared before the establishment of the association has no legal effect and that the member's demand for the return of contributions cannot be accepted, stressing that the association membership contract in this case is void.
Civil Attorney, Argument That the Association Membership Contract Is Void
The civil attorney argued that, because the letter-of-undertaking agreement in this case is void, the association membership contract in this case is also void.
To prove that this contract is void, the civil attorney cited a recent Supreme Court precedent as evidence.
See Supreme Court Judgment 2020Da288375, March 17, 2022 |
| The refund-guarantee agreement under the guarantee certificate in this case was concluded in connection with the association membership contract, economically and factually as a single whole, for the purpose of setting special terms regarding the payments under the association membership contract, and stands in a relationship as if it were, as a whole, one contract. Accordingly, if the refund-guarantee agreement under the guarantee certificate constitutes, as the lower court held, a disposal of collectively owned property made without a resolution of the defendant's general meeting and is therefore void, then under the legal principle of partial invalidity of a juristic act, as a matter of principle the association membership contract concluded as a single whole also becomes void. |
3. As a Result of the Namyangju Civil Attorney's Assistance, Full Success in the Unjust Enrichment Return Lawsuit
As a result of the Namyangju Civil Attorney's assistance, the client succeeded in obtaining a full return in the 🔗claim for the return of unjust enrichment that the client had filed.
Regional housing project lawsuits involve complex legal issues and demanding procedures, so the assistance of an attorney experienced in this area can be helpful.
Drawing on experience in numerous regional housing project lawsuits, Daeryun Law Firm provides an optimal pleading strategy to counter the association's arguments through accurate fact-finding and thorough evidence gathering.
If you are preparing for a regional housing project lawsuit, we recommend that you seek a solution through a tailored attorney consultation at Daeryun Law Firm.

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
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Related Information
Explore legal information related to this case.
Regional Housing Association Lawsuit: The Issues to Verify Before Claiming a Refund
Association Establishment | Worth Reviewing If You Want to Know the Process of Promoting Association Establishment and How to Apply for Authorization
Standards for Contract Rescission and the Return of Contributions in a Regional Housing Association Lawsuit
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