1. The Defendant shall pay to the Plaintiff KRW 3,278,00 as well as 12% per annum from September 17, 2019 to the date of complete payment.

Facts of recognition

The Defendant is an organization organized to establish a regional housing association to build and sell apartment houses of about 820 households with approximately 28,903 square meters in Busan Shipping Daegu C 28,903 square meters (hereinafter “instant project”).

조힙원 안심 보장 확약서 피고는 가입된 정식 조합원에 한해 설립 및 사업이 무산될 시 납부한 전액(행정용역비 포함)을 반환할 것을 확약합니다.

If the business of this case is being normally under way, it is confirmed that it will be dealt with according to the terms of the contract if the subscription is terminated due to the reasons of the member (a lack of qualification or simple change, etc.).

Plaintiff

(A) On July 20, 2016, the Plaintiff entered into a contract with the Defendant to purchase an apartment unit to be newly built by the Defendant (hereinafter “instant subscription contract”) with the Plaintiff as a member of the regional housing association to be established by the Defendant, and paid the share of expenses for the instant project, and received a written assurance of safeness (No. 13) from the Defendant as follows.

The Plaintiff paid KRW 32,780,000 (including service cost of KRW 5 million) out of the expected contributions by September 29, 2016 under the instant subscription agreement.

On July 26, 2019, the defendant held an extraordinary general meeting and passed the resolution on the dissolution and settlement of the regional housing association and the waiver agenda on the instant project.

[Ground] : The fact that there is no dispute, each statement of Gap 1 through 16, and each statement of the whole purport of arguments, but the housing association, which is a local association established to build the collective housing of its members as a cooperative member, has the purpose of collective housing construction project. The organization as a collective housing construction project has the rules and organization, and regardless of the change following the withdrawal of its members, the organization itself has become the important part of its existence, etc.