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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On February 24, 2016, Nonparty C entered into an agreement with the Plaintiff to purchase an apartment unit 111 Dong 2201, as promoted by the Plaintiff, and paid KRW 106,200,000 out of down payment and intermediate payment to KB but from KB bank (hereinafter “instant loan”).
B. C, on May 15, 2017, upon notifying the Plaintiff of the termination of the sales contract, requested the Plaintiff to remit refund money to the Defendant’s account that was his/her spouse at the time. On May 17, 2017, the Plaintiff refunded KRW 131,464,128 to the Defendant’s account.
C. According to Article 10(3) of the A regional housing association subscription agreement, “in the event of loss of membership or withdrawal from the association due to a cancellation of a contract, etc., 10% of the penalty attributable to the association (10% of the total amount of contributions paid by the association) among the contributions paid by the association members, and the remaining amount after deducting the interest on loans and overdue interests paid by the association from the association shall be refunded to the account in the name of the association member, but the time of refund shall be the refund at the time of the completion of the deposit due to substitution of the union member or the general purchaser, and shall be deemed to have been automatically processed when the relevant amount is deposited in the account in the name of the association member. However, the refund shall not be made where the expenses such as overdue interests exceed the amount paid by the association
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. The Plaintiff’s assertion and judgment were that, even though C and the Defendant promised to pay the instant loan to the Plaintiff at the time of receiving the refund, C and the Defendant did not pay the loan to the Plaintiff, and thereby C and the Defendant were exempted from the obligation of reimbursement of the principal and interest of KRW 111,925,085, totaling KRW 106,200,000, and KRW 5,725,085, and KRW 111,925,085, not later than February 1, 2018.