1. The Defendant shall pay to the Plaintiff KRW 56,199,00 at the rate of 15% per annum from October 6, 2018 to the date of full payment.

1. Facts of recognition;

A. On January 16, 2017, the Plaintiff entered into an advance reservation agreement with the Defendant on the purchase price of KRW 561,93,00,00 in the apartment complex D in Chang-gu, Chang-gu, Chang-gu, Seoul (hereinafter “instant commercial building”) for the purchase price of KRW 561,93,00, and paid KRW 56,19,000 to the Defendant.

B. On May 25, 2018, the Plaintiff prepared an application for return and a written waiver of right, and issued it to the Defendant, and the head of the Defendant Union promised to return the down payment (pre-paid payment) to the Plaintiff by June 25, 2018.

C. On August 14, 2018, the Plaintiff sent a certificate of content to the Defendant requesting the return of down payment.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to the facts of the determination on the cause of the claim, the sales contract for the instant commercial building was terminated upon the termination of the agreement on May 25, 2018, and the Defendant is obligated to return the amount of KRW 56,199,000 to the Plaintiff in advance.

3. Judgment on the defendant's assertion

A. The defendant asserts that the plaintiff, a member of the association, cannot withdraw from the association under the rules of the association, and therefore, the plaintiff's claim for refund of the down payment of this case is groundless

However, there is no evidence to acknowledge the fact that the plaintiff joined as a member of the defendant's association.

B. After approval of a business plan, the Defendant agreed to pay 10% of the sales price in addition to the Plaintiff, and the Defendant obtained approval of a business plan on April 4, 2018, and the Plaintiff did not pay the agreed interest. For this reason, the Defendant asserted that the Plaintiff’s claim is groundless since the Plaintiff’s rescission of the agreement belongs to the Defendant.

However, there is no evidence to prove that the Defendant had rescinded the agreement on the grounds of these circumstances, and the grounds for the Defendant’s assertion are based on the Plaintiff’s claim on May 25, 2018, which was subsequent to the conclusion of the contract.