A. The Plaintiff is a regional housing association that obtained the authorization of establishment on October 25, 2002 in order to build a collective housing in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government Group. Around November 2002, the Plaintiff entered into a contract for a construction project with a company Gangnam-gu and a corporation, but the project was failed to support the project, but the Plaintiff passed a resolution of additional contributions of KRW 52,500,000 at the general meeting of its members on March 2005 and promoted the project in full

B. On May 11, 2005, the Defendant: (a) signed and sealed the form of 32 square-type 1,200,000 won of the apartment units to be newly constructed in the said project site (the amount reflecting the additional contributions of KRW 52,500,000,000,000) (hereinafter “instant contract”); and (b) signed and sealed the form of “A written application for joining the Housing Association” (hereinafter “instant contract”), notwithstanding the Plaintiff’s eligibility as a partner; (c) prepared and delivered the letter of delegation, letter of delegation, written agreement of joining the association, etc. on the same day, and directly paid KRW 157,00,000 to the head of the association as of the same day, and received the deposit slip in the Plaintiff’s name to the effect that “the Plaintiff was paid KRW 157,000,000,000 of the land price.”

Article 7 of the contract of this case is as shown in attached Form 1.

C. On December 28, 2005, the Plaintiff had obtained approval of the business plan to newly construct an apartment 299 households and continued construction. The Defendant deposited KRW 106,393,245 in the bank account in the name of the National Bank in the name of Gyeongnam-gu, Inc., a cooperative member contribution account, as requested by the Plaintiff.

On October 18, 2008, the Plaintiff: (a) held a general meeting of association members to draw the number of buildings and units; (b) thereafter, the Plaintiff won the winning in the real estate listed in the attached Table 2 List E in the name of the head of the association at the time, and issued a certificate of winning the winning in which the contents are included, to the Defendant.

In addition, the president of the Plaintiff's association F is about the newly constructed apartment around August 12, 2009.