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. Basic facts

A. The Defendant is a non-corporate group that is promoting the establishment of a regional housing association under the Housing Act for the construction of new apartment units on the ground, such as the land D in Pakistan-si, and C Co., Ltd. (hereinafter “non-corporate company”) is a company that concludes a service contract on behalf of the Defendant and the Defendant for all necessary affairs for the construction of the above apartment units (hereinafter “instant project”).

B. On April 1, 2018, the Plaintiff: (a) concluded a contract with the Defendant, the executor company, and the Nonparty company, the agent company, on the subject matter of sale, that is, the exclusive use area of E, the exclusive use area of which is 84 square meters; (b) concluded a contract with the members of the association as KRW 233,690,000, and the agency service fee of KRW 16,500,00,000 (hereinafter “instant contract”); and (c) paid the Defendants totaling KRW 39,876,60,00 as the members’ contributions and agency service fee in accordance with the terms and conditions of the said contract.

C. At the time of the instant contract, the Defendant and the non-party company agreed to the Plaintiff that “The Defendant and the non-party company shall be able to extend the period only once within the said period (three months) due to the scheduled receipt of the proposal for designation of an urban development zone to the competent authority by the end of July 2018 due to administrative delay, etc., and where the Plaintiff wishes to return the total amount of the contributions paid and the agency service cost that were not received after the extension of the period (hereinafter “instant special agreement”).

The defendant and the non-party company did not receive a proposal for designating an urban development zone to the competent authority until October 31, 2018, and the plaintiff notified the defendant and the non-party company that the contract of this case is terminated in accordance with the special agreement of this case by serving a copy of the complaint of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 2-2, the purport of the whole pleadings

2. Prior to the determination of the cause of the claim.