A. The Plaintiff is a member of the E-building Association (hereinafter “instant association”) established to remove the old building on both land in Seongbuk-gu Seoul and D and reconstruct the building of 40 households on its job in Seongbuk-gu, Seoul and D, and the Defendant is the president of the instant association.

B. Around September 2014, the instant association received 10 households from the members of the association, including the Plaintiff, who are the owners of the existing land, in the articles of association, and received dividends from 10 households of the reconstructed building, and the Defendant subsequently planned a reconstruction project by bearing all the expenses incurred in the reconstruction project, but agreed to receive all the development gains accrued therefrom.

C. On May 2015, the instant association, at the Defendant’s initiative, carried out a reconstruction project with loans from financial institutions, etc., completed a new building of 40 households (Seoul Seongbuk-gu c and one parcel F, and hereinafter “instant building”), and obtained approval for use. On March 25, 2015, the instant association completed registration of preservation of ownership due to entrustment of registration of provisional disposition in the name of 12 persons, including the Plaintiff and the Defendant, with respect to each sectional building of this case, including the Plaintiff and the Defendant.

After that, the instant association was unable to repay the debt incurred during the reconstruction due to the fact that the general sale did not take place, and was entrusted to 12 co-owners, including the Plaintiff and the Defendant on May 22, 2015, whether the instant association received the entire sections of the instant building from the co-owners, including the Plaintiff and the Defendant, and on June 5, 2015, received the loan again from G Co., Ltd. and repaid the said loan with the loan.

E. We find that G corporation intended to conduct a public auction on the instant building because the instant association failed to repay the above loan, and the Plaintiff paid the principal and interest of the instant building to the Defendant around October 21, 2018, and terminated the trust contract on H with respect to H, and completed the registration of ownership transfer in the future of the Plaintiff.