A. The Defendant is a regional housing association promotion committee established around February 2017 to promote a housing construction project for Yangcheon-gu Seoul Metropolitan Government D, and the Plaintiff is a member who entered into a membership agreement with the Defendant.

B. The Plaintiff paid 10,00,000 won to the Defendant under a membership agreement, including KRW 27,50,000,000 for the cooperative membership fee, and KRW 27,250,00 for the first down payment, and KRW 64,750,00 for the first down payment.

C. As a result of the increase in the surrounding compensation cost, the project price was reduced or changed, and it was difficult to implement the project due to failure to obtain authorization to establish an association, the Plaintiff cancelled the membership agreement of the association members against the Defendant and claimed the return of KRW 64,750,000, which was already paid to the Defendant, and the Defendant, on November 12, 2017, drafted a letter of commitment that “the Plaintiff promised to refund KRW 64,750,000 paid by the Plaintiff until December 22, 2017.”

(hereinafter “instant return agreement”). D.

In accordance with the instant return agreement, the Defendant returned KRW 27,250,000 out of the above KRW 64,750,000 to the Plaintiff.

On the other hand, on April 18, 2018, when the lawsuit of this case was pending, the Plaintiff transferred to the Intervenor succeeding to the Plaintiff the claim for return of KRW 37,50,000 (=64,750,000 - 27,250,000) to the Defendant, and around April 24, 2018, notified the Defendant of the assignment of the claim.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. Determination

A. Although the plaintiff sought the performance of the above obligation against the defendant, the plaintiff's claim is identical to the above fact that the plaintiff transferred his claim to the plaintiff succeeding intervenor during the lawsuit of this case. Thus, the plaintiff's claim is without merit without further review.

B. According to the above facts of recognition as to the claim of the Plaintiff’s succeeding intervenor, the Defendant is obligated to return to the Plaintiff KRW 37,500,000 (=64,750,000 - KRW 27,250,000) pursuant to the instant return agreement, and the Plaintiff’s succeeding intervenor is the instant case.