1. The Defendant shall pay to the Plaintiff KRW 94,804,576 and the interest rate of KRW 15% per annum from October 5, 2018 to the date of complete payment.

1. Facts of recognition;

A. The party’s relationship 1) The Defendant is a regional housing association under the Housing Act established for the purpose of constructing a multi-family housing with 2 underground floors and 34 stories above the ground in the form of a regional housing association on the land area of 38,047 square meters of the land site area in Seocho-gu, Changwon-si, Changwon-si, and supplying a multi-family housing to its members and general buyers. 2) The Plaintiff is a contractor who entered into an advance reservation agreement for the sales contract with the apartment complex price D (5.38 square meters of exclusive use area, 79.98 square meters of the sales area, hereinafter “instant commercial building”).

B. On January 19, 2017, the Plaintiff entered into a prior reservation agreement with the Defendant on January 19, 2017 (hereinafter “instant agreement”) with respect to the instant commercial building, the amount of which is KRW 559,346,00 (including value-added tax).

(2) According to the instant agreement, the Plaintiff paid KRW 5,934,576, which is 10% of the agreed amount to the Defendant on January 19, 2017, and KRW 38,870,000 of the additional payment on April 10, 2018, respectively.

C. 1) The Plaintiff prepared a written application for return and a written waiver of right to terminate the instant agreement and delivered it to the Defendant. The Defendant returned the sum of KRW 94,804,576 to the Plaintiff by June 30, 2018. (2) The Plaintiff notified the Plaintiff that he/she sought the return of the down payment and the additional payment after the expiration of the period for return. (3) The Plaintiff notified the Plaintiff that he/she was unable to receive the money from the Defendant by the content certification on August 14, 2018.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, since the agreement of this case was terminated, the defendant shall restore the plaintiff to its original state following the termination of the agreement of this case, the sum of the down payment and the additional payment amount to the plaintiff 94,804,576, and a duplicate of the complaint of this case.