The defendant shall pay to the plaintiff 43,708,810 won with 12% interest per annum from July 27, 2018 to the day of full payment.

1. Basic facts

A. The Defendant is a regional housing association promotion committee organized for the purpose of promoting the business (hereinafter “instant apartment project”) of constructing and supplying apartment buildings (hereinafter “instant apartment complex”) to the Yongsan-gu Incheon Metropolitan City, Seoyang-gu, Incheon Metropolitan City C (hereinafter “instant project site”), and the Defendant held an inaugural general meeting of the partnership on January 9, 2017.

(B) Before holding the above inaugural general meeting, a promotion committee consisting of the same name as the defendant (hereinafter referred to as the "former promotion committee").

On September 13, 2016, the Plaintiff entered into a partnership joining agreement with the former Promotion Committee and the District Housing Association (hereinafter referred to as the “instant association joining agreement”) with the content that the purpose of construction and occupancy of the instant apartment.

C. From September 10, 2016 to February 24, 2017, the Plaintiff paid KRW 43,708,810 in total to the former Promotion Committee and the Defendant for the contract deposit and intermediate payment under the instant association.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 9, Eul evidence 2 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the principal content of the instant agreement to join the association is null and void in violation of the Act on the Regulation of Terms and Conditions, and thus, the entire agreement to join the association was null and void. However, on October 30, 2018, the Plaintiff withdrawn the part demanding confirmation of invalidation of the said agreement upon amending the purport of the claim, and did not assert invalidation by arranging the cause of the claim in the court’s first date for pleading on April 7, 2020, as a whole, at the court’s date for pleading on April

A. The Defendant failed to secure 100% of the project site of this case until the time of entering into the agreement of the association of this case, and it was impossible to determine the number of units and units of the apartment of this case due to the failure to obtain authorization of district unit planning through resident proposal, and the project site above is the project site.