1. The Defendant’s KRW 40,000,000 as well as the annual rate of 5% from March 20, 2019 to January 10, 2020 to the Plaintiff.

1. Basic facts

A. The Defendant is a regional housing association that was established to promote a housing construction project under the Housing Act in Ulsan-gu, Ulsan-gu, and obtained authorization for establishment on April 7, 2016.

B. On April 18, 2016, the Plaintiff entered into a contract with the Defendant as a member of the association (hereinafter “instant contract”) and accordingly, paid to the Defendant KRW 40 million as a member of the association between April 17, 2016 and September 12, 206, in total, KRW 53 million as an administrative service fee, as the member of the association, between April 17, 2016 and September 12, 206.

C. The relevant provisions of the Defendant’s rules (hereinafter “instant rules”) are as follows.

Article 8 (Qualification of Members) Qualification requirements for members shall refer to the qualification requirements for members prescribed by the Housing Act and subordinate statutes and shall be as follows:

1. A householder who fails to own a house from the date of application for authorization for the establishment of a housing association to the date possible to move into the relevant housing unit or who owns one bonds with an exclusive residing area of not more than

(i) Where a member of a housing association temporarily loses his/her eligibility as a householder due to inevitable reasons, such as work, disease treatment, study, marriage, etc., he/she shall be deemed qualified as a member;

Article 12 (Withdrawal, Disqualification, or Expulsion of Members) (1) No member may withdraw from a cooperative at his/her discretion.

Provided, That when intending to withdraw a cooperative member due to unavoidable reasons, it shall be notified in writing to the head of the cooperative 15 days prior to the withdrawal, and the head of the cooperative shall determine whether to withdraw by resolution at a general meeting or a council of representatives

(2) A person who is not qualified as a partner under relevant Acts and subordinate statutes and this Code shall automatically lose his/her eligibility as a partner.

(4) For those who lose the status of a partner due to withdrawal, loss of qualification for partner, expulsion, etc., the balance calculated by deducting the prescribed common contributions from the paid-in amount paid by the partner.