1. The Defendant’s KRW 32,970,00 and the Plaintiff’s annual rate of KRW 5% from June 5, 2019 to January 9, 2020.

1. Facts of recognition;

A. The Defendant is a regional housing association establishment promotion committee that carries out apartment building creation projects (hereinafter “instant project”) by setting up a project execution area of 163,275 square meters (hereinafter “instant project site”) as a day-to-day Seoul Special Metropolitan City Seoul Special Metropolitan City.

B. On January 22, 2018, the Plaintiff entered into an agreement with the Defendant to join the partnership (hereinafter “instant agreement”) with regard to the instant business, setting the Plaintiff as the contractor to join the partnership, and setting forth subparagraph D as the object of sale (hereinafter “instant agreement”).

C. In accordance with the instant agreement to join the association, the Plaintiff paid the share of expenses to the Defendant. On January 22, 2018, the Plaintiff paid the remainder of KRW 5 million among the first down payment, and KRW 9 million among the down payment on January 29, 2018, and KRW 20,000,000 on February 19, 2018, respectively.

The Defendant, at the time of the conclusion of the instant agreement to join the association, prepared a contract draft guarantee certificate stating that “The Plaintiff shall promise to return the full amount paid by the union members if the union members meet the requirements for the establishment of the association within six months after the establishment of the association (hereinafter “instant agreement to ensure the safety of the union”).

E. According to Article 11(1) and (2) of the Housing Act, where a large number of members of the housing association intend to establish a housing association in order to acquire housing, it shall obtain authorization from the competent authority, and a person who intends to obtain authorization to establish a housing association in order to acquire housing shall secure a right to use land equivalent to at least 80 percent of the relevant housing construction site. At present, the defendant

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, 5, 7 (including paper numbers), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff is primarily and in spite of the impossibility of the project of the regional housing association in the project site of this case, the defendant deceivings the plaintiff to be capable of the project of the regional housing association.