1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is a contractor who entered into a construction contract with a C Apartment Housing Reconstruction Improvement Project Association (hereinafter “Non-Party Association”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Non-Party Association”). The Defendant is a member of the Non-Party Association who purchased the Mapo-gu Seoul Metropolitan Government F apartment G (hereinafter “the apartment of this case”) newly built according to the above project and completed the registration of ownership.

B. On April 22, 2014, the Plaintiff entered into a contract with Nonparty 46 households and commercial buildings to newly construct an apartment unit consisting of 2 units of apartment units with the non-party construction cost union as a final equity share, on condition that the Plaintiff would collect KRW 179,00,000 from the members’ contributions.

On August 4, 2016, the Plaintiff entered into a modified contract with the non-party union to extend the construction period to January 31, 2017, and to increase the contribution of the union members by 19,000,000 won per household.

Details related to contributions under the above contract and the modified contract shall be as follows:

(A) The contract for construction work (the non-party partnership, Eul: the plaintiff) Article 21 (Collection of Contribution)

1. The methods for collecting apartment contributions to be sold to members shall be as follows:

(1) The following matters shall apply mutatis mutandis to the schedule and method for the payment of contributions to apartments sold by members in units in accordance with the construction progress rate and general practices scheduled under the Rules on Housing Supply:

(2) If a member of the association who purchases an apartment unit from Gap and Eul fails to pay the contribution, he/she shall impose and collect the overdue charge based on the overdue interest rate for the sale price of the general apartment unit in the D bank (hereinafter referred to as "additional interest rate").

3. The down payment of the said contribution, intermediate payment and late payment charges shall be appropriated for the construction cost of Eul.

(5) With respect to the project, 10% of the construction costs to be paid by members as the price for the sale of APT, down payment shall be 10% of the relocation expenses, 40% of the intermediate payment shall be 10% after the completion of civil engineering works, 10% after the completion of the frame of the first floor, and 5 floors.