A. The Defendant is a regional housing association promotion committee that promotes apartment development projects with approximately 1 to 25 stories underground and approximately 1,400 households, which consist of Pyeongtaek-si C Day as a project implementation district.

B. On December 25, 2016, the Plaintiff entered into a draft security certificate (hereinafter “instant agreement”) and a regional housing association with the Defendant on the same day (hereinafter “instant subscription agreement”) with the purport that “(tentatively referred to as “(tentative) regional housing association”) guarantees the full refund of the amount paid by the union members upon the failure to grant approval of the business plan until November 30, 2017.”

C. According to the instant subscription agreement, the Plaintiff paid to the Defendant KRW 5 million on December 11, 2016, KRW 17,000,000 on December 17, 2016, KRW 153,000 on May 31, 2017, KRW 31,153,00 on June 1, 2017, and KRW 31,153,00 (= KRW 5 million).

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including each number in the case of additional number), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. As the business plan was not approved until November 30, 2017, which is the term stipulated in the instant agreement, the summary of the claim for the return of the payment under the instant agreement, the Defendant is obligated to return the payment received from the Plaintiff.

According to the Doll Decision, the above evidence and the purport of the whole pleadings, it is reasonable to view the defendant as a non-corporate company, since the defendant is engaged in activities with the purpose of collective unity, has the rules and organization, and has important matters as an organization.

In the case of a non-corporate group, the management and disposition of collective ownership shall be governed by the articles of incorporation or regulations, if any, and shall be governed by a resolution of a general meeting of employees, unless otherwise stipulated by the articles of incorporation or regulations. Therefore, unless otherwise stipulated by the articles of incorporation or regulations, the resolution of a general meeting of employees shall be