1. The defendant shall pay 106,250,000 won to the plaintiff and 12% per annum from October 24, 2019 to the day of full payment.

1. Facts of recognition;

A. The Defendant holds an inaugural general meeting on April 9, 2015, and is an association that promotes the construction of a regional housing association apartment (hereinafter “instant apartment”) at the Busan Jin-gu C Day with the authorization of establishment on May 2, 2016.

B. On December 29, 2016, the Plaintiff entered into an agreement with the Defendant to enter into an association with the purport that the Plaintiff is supplied with the instant apartment complex “D” (hereinafter “instant agreement”) on the grounds that the Plaintiff is neither a homeless person nor a householder who owns a house with an exclusive residential area of not more than 85 square meters, and thus does not meet the requirements for membership under the Housing Act.

In addition, the Defendant prepared and delivered to the Plaintiff a letter of undertaking with the following contents (hereinafter “instant letter of undertaking”).

E D

C. The Plaintiff paid a total of KRW 106,250,000 to the Defendant as a contribution under the instant contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. A. A housing association established by a non-family housing association that has become a member of the association and established to build the collective housing of the members of the association with the unique purpose of the association that is a collective housing construction project, and has an organization as an executive body with regulations and regulations, and the method of resolution or execution of business is carried out in accordance with the principle of majority of the general meeting. If an organization itself exists, regardless of the joining or withdrawal from the association, if the organization itself becomes final and conclusive as a non-corporate group (see Supreme Court Decision 2000Da18271, Jul. 7, 200). The portion of the building newly constructed and completed by the housing association as its main body belongs to the collective ownership of all the members of the association, and if the articles of association or regulations of the housing association stipulate in relation to the management and disposal of collective ownership, it shall comply with it, and if not stipulated in the articles of association or regulations of the association.