1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On February 19, 2013, the Plaintiff entered into a partnership membership agreement and an association agent agreement (hereinafter referred to as “instant association membership agreement”) with the Defendant, a fund manager, who is the executor of the instant association, and the company implementing the instant project, under the name of the Da District Housing Association (hereinafter “instant association”) and the Defendant, a fund manager, to which the Plaintiff joined the association of this case as a member of the association of this case and will be newly constructed by the said project. The Plaintiff entered into a partnership membership agreement and the association agent agreement with the content that the Plaintiff would pay KRW 439.6 million for the union members’ contributions and KRW 25 million for business promotion expenses (hereinafter referred to as “instant association membership agreement”).

B. On February 15, 2013, the Plaintiff subscribed to enter into the instant association agreement, and paid KRW 5 million to the instant association as the down payment, and thereafter, on February 19, 2013, the Plaintiff paid KRW 145 million, including contributions, to an account in the name of the Asian Trust Co., Ltd. under the instant agreement to enter into the association.

C. On February 19, 2013, the date of entering into the instant association, the date of entering into the contract, the Plaintiff prepared and issued a written confirmation (hereinafter “instant written confirmation”) stating, “I confirm that I would refund the total amount of contributions and business promotion expenses (150 million won) paid by the contractor A (Plaintiff) at 101 Dong 1604, Dong 1603, if the housing association was not commenced by the end of December, 2013, under the name of the instant association.”

In addition, the plaintiff made an agreement between the defendant on the same day and the defendant, "The contents of the agreement": the provisional term C regional housing association [the proxy Co., Ltd. (the defendant)] which is scheduled to build multi-family housing in Seongdong-gu Seoul Metropolitan Government, confirms that if the commencement of the construction has not been made by the end of December 2013, the contractor No. 101, 1604, and the contractor A would refund the total amount of the contributions and business promotion expenses already paid by the partnership apartment (hereinafter "the agreement of this case") and the above agreement.