The defendant shall pay 47,430,000 won to the plaintiff and 12% per annum from July 3, 2019 to the day of complete payment.

1. Basic facts

A. On September 26, 2013, the Defendant was a cooperative established to implement a housing reconstruction project as a project implementation district, which started construction work on July 24, 2015 and conducted a new construction and sale of D apartment units after obtaining authorization for the implementation of the housing reconstruction project.

B. On September 7, 2017, E entered into an apartment supply contract and a balcony expansion construction contract with the Defendant with respect to the above D apartment F (hereinafter “instant apartment”) with the special supplier of multi-child, with the supply price of KRW 467,700,000.

C. Article 3(1)4 of the supply contract for the apartment of this case concluded between E and the Defendant (Evidence B No. 1) states that “The purpose of the supply contract may be revoked by the supplier if the recipient of the apartment of this case has subscribed to the savings of occupants, such as subscription savings, or entered into a contract with the actual transfer of the savings of occupants.” Article 4(1) of the supply contract provides that “Where the supply contract is rescinded due to the above reasons, the recipient of the apartment of this case shall bear penalty equivalent to 10% of the total amount of the supply price.”

After that, with respect to the apartment of this case, KRW 94,200,000 was paid to the defendant in total as the sale price and the contract deposit for balcony expansion works in the name of E.

E. However, around September 2018, the Sungnam-si sent to the Defendant a statement to the effect that some winners, including E, received the payment from an illegal subscription organization and transferred the documents, etc. necessary to apply for subscription, and thus, concluded a supply contract in violation of the Housing Act, such as the cancellation of the supply contract, and inform the Defendant of the result.

F. Accordingly, the Defendant, upon requesting E to submit explanatory materials, notified the cancellation of the housing supply contract on the apartment of this case around February 20, 2018, and notified the cancellation of the housing supply contract on the apartment of this case, to 10% of the total amount of the supply price from E-payment.