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. (tentative Name) The C Housing Association Promotion Committee (Co-defendants of the first instance court; hereinafter “Promotion Committee”) is an organization organized to establish a housing association in order to construct multi-family housing on the D Won-si land on June 9, 2016.

According to the evidence No. 9, it is reasonable to view that the promotion committee has the substance as an unincorporated association.

B. The Defendant is a corporation established on June 17, 2016 for the purpose of real estate development business, etc.

C. On June 29, 2016, the promotion committee is as between the Defendant and the said committee.

The construction project of multi-family housing in the subsection (hereinafter referred to as the “instant housing construction project”) was entered into an administrative agency contract to promote the project.

According to the delegation of duties under the administrative agency contract by the promotion committee, the defendant has been in charge of the business of raising and executing the initial funds required for the promotion of the business.

Administrative agency contract (Evidence A 3) shall be referred to in Article 3 (2).

On September 21, 2016, the Plaintiff entered into a fund investment agreement on the instant housing construction project with the main content that “if the Plaintiff invests KRW 100 million in the Defendant and the Promotion Committee, the Defendant and the Promotion Committee shall reimburse the Plaintiff KRW 200 million, including the investment principal and profits, at the time of the first arrival of at least three months after the acquisition of the investment fund or at least 20 percent of the membership recruitment rate.”

(A) No. 4 (hereinafter “instant Fund Investment Agreement”). (f) At the time of the Plaintiff’s transfer to the Defendant’s representative E account in the name of the representative director, the amount of KRW 55,000,000 on September 21, 2016, and KRW 20,000,000 on September 28, 2016, the Plaintiff re-transfer the amount of KRW 75,000,000 in the Defendant’s account in the name of E immediately or after this framework.

G. The Defendant used 30,000,000 won out of the above 75,00,000 won to repay the loan, and the remainder was lent to the Promotion Committee in the name of operating expenses or used by transferring it to the Defendant’s operating account.

H. The promotion committee is established on March 2017.