2. The costs of lawsuit shall be borne by the Plaintiff.

A. Pursuant to Article 11 of the Housing Act, the Defendant is a regional housing association promotion committee for the construction project (hereinafter “instant association apartment”), the purpose of which is the apartment construction project of the local housing association of the 2nd underground floors, 29 floors above ground, 8 Dong-dong 731 households (hereinafter “instant apartment”) using the area of 36,136 square meters in Yeongdeungpo-gu Seoul Metropolitan Government Seoul as the business area.

B. On August 2, 2018, the Plaintiff entered into a partnership apartment membership agreement (hereinafter “instant subscription agreement”) with the Defendant, as indicated in the separate sheet, and paid each amount indicated in the “payment amount” column to the Defendant as a member’s share based on the shares of the association members.

On the other hand, the Defendant provided a copy of the partnership agreement to the Plaintiff along with the instant subscription agreement, and as to this, the Plaintiff prepared and issued a written consent of the partnership agreement (Evidence 1) stating that “the Plaintiff was well aware of, and consented to, the partnership agreement,” and no objection is raised.

[Ground of recognition] Evidence Nos. 1 to 3, Eul's evidence No. 1, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion sought the return of the amount that the Plaintiff paid to the Defendant as a contribution on the following grounds:

① The Defendant failed to obtain authorization for establishment under Article 11 of the Housing Act, and in the case of a reconstruction association which has not yet obtained authorization for establishment, members of the association may withdraw from the association at will before obtaining such authorization unless otherwise stipulated in the articles of association, etc. (Supreme Court Decision 2005Da1952, 19569 Decided February 23, 2006). Since the Plaintiff expressed its intention to withdraw from the Defendant by delivery of a copy of the complaint of this case, the Defendant is obligated to return the money paid by the Plaintiff as a contribution to the Plaintiff as a performance of the duty to restore.

② At the time of the instant subscription agreement, the Defendant offered the instant partnership apartment D.