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1. Revocation of the first instance judgment.
2. The plaintiff's primary claim and the ancillary claim added by this court are all available.
Reasons
1. Basic facts
A. On September 21, 2017, the Plaintiff entered into a contract with the Defendant Cooperative to purchase C Apartments (hereinafter “instant apartments”) E, which the Defendant Cooperative built with the Defendant Cooperative (hereinafter “instant apartments”), and deposited KRW 52,62,000 in total with the F account designated by the Defendant Cooperative in accordance with the instant association agreement, including KRW 10,00,000,000, and KRW 42,62,000,000 in total, pursuant to the Defendant Cooperative’s membership agreement.
B. On May 4, 2018, the Plaintiff visited the office of G Co., Ltd. (the company in charge of the business of selling the shares by proxy of the Defendant Co., Ltd.; hereinafter “G”) and demanded the withdrawal of the agreement to join the instant association for reasons of delay in business progress, etc. On the same day, G demanded the withdrawal of the agreement to join the instant association. On the same day, G attached the official seal of the representative of the Defendant Co., Ltd., which was kept at the bottom of the “written request for refund of contributions” (hereinafter “written request for refund”).
On May 4, 2018, the Plaintiff visited G office to prepare a request for refund of this case.
(2) On September 18, 2019, the purport of the claim and the cause of the claim made on September 18, 2019. The name of the goods to be subscribed for the refund of contributions: Hilwon (tentatively named) in Gwangju Metropolitan City (tentatively named), the principal of the regional housing association shall deposit the name of the deposit holder on September 21, 2017 with the Plaintiff, 52,662,000 won, and the name of the deposit holder on September 21, 2017 in the account of the IF Bank of Korea (10,000,000 won) in the account of the IF Bank of Korea (42,62,000 won) and enter into a mutual savings agreement with the Plaintiff. However, in order to withdraw the contract due to a delay in the course of the project, the principal of the regional housing association shall withdraw the contributions equivalent to 10% (10,266,000,000 won) and the amount of penalty equivalent to 10% (20,039,038,000).38).