조합원분담금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. The defendant is a regional housing association established to build housing in Seongdong-gu Seoul Metropolitan Government C Group.
On April 17, 2012, the Plaintiff subscribed to the Defendant’s membership, and paid the Defendant KRW 250,000,000 for contributions and business promotion expenses (hereinafter “instant contributions”).
At the time, the defendant had been running business under the name of "D Housing Association" without obtaining authorization for establishment.
B. Since then, the Plaintiff requested the Defendant to refund the instant contribution, and on January 27, 2013, the Defendant drafted a written confirmation (hereinafter “instant confirmation”) stating that “When the D Housing Association, which is the executing company of D Housing Association that is scheduled to be established in Seongdong-gu Seoul Metropolitan Government, did not complete the procedure of authorization, permission, etc. to start the first half of the year 2013, 101, 2101, and 250,000,000 won paid by the Plaintiff to the Plaintiff as the contractor of 101, 201, 2013, it is confirmed that the Plaintiff would refund the instant contribution to the Plaintiff.”
However, the defendant failed to complete the procedure of authorization, permission, etc. for commencement until the first half of 2013.
C. On March 25, 2014, the Defendant changed the name of the association into “E Housing Association” and obtained authorization to establish a housing association from the head of Seongdong-gu, and obtained authorization to change the name of the association to “B Housing Association” on November 8, 2017.
On the other hand, the defendant did not acquire authorization or permission for housing projects until the closing of the argument in this case.
【Ground for recognition】 Evidence No. 1, No. 1, and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, since the Defendant failed to obtain the authorization and permission for housing projects until the first half of 2013, the Defendant is obligated to refund KRW 250,000,000 to the Plaintiff according to the agreement set out in the instant confirmation document.
3. Judgment on the defendant's assertion
A. The defendant's argument is that of the defendant.