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1. The defendant shall pay 34,153,00 won to the plaintiff and 12% per annum from July 7, 2020 to the day of complete payment.
Reasons
1. Basic facts
A. The Defendant is a regional housing association promotion committee that promotes the creation project of apartment units with approximately 1 to 25 underground floors and approximately 1,400 households under the ground by having Pyeongtaek-si C Day as a business implementation area (hereinafter “instant project”).
B. On November 3, 2016, the Plaintiff’s “(tentatively named) Regional Housing Association” from the Defendant guarantees the full refund of the amount paid by the members upon approval of the business plan by November 30, 2017.
In the same day, the Defendant and the Plaintiff joined as the Defendant’s members and paid a contribution, and the Plaintiff supplied one household unit of 59A apartment units among the apartment units to be newly built according to the instant project, and the location of the apartment units to be supplied was stipulated in D (hereinafter “instant subscription agreement”).
(c)
The Plaintiff paid KRW 34,153,000 (hereinafter “instant payment”) to the Defendant on November 18, 2016 under the instant subscription agreement, including KRW 16,153,00 on June 19, 2017, and KRW 34,153,00 (hereinafter “instant payment”).
【Fact-finding without dispute over recognition, Gap's entries in Gap's evidence Nos. 1, 3, 4, and 10, and the purport of the whole pleadings
2. The plaintiff's assertion
A. The Defendant would refund the full amount of the Plaintiff’s contribution if the Plaintiff did not approve the business plan by November 30, 2017 at the time of the instant subscription agreement while the application for approval of the association establishment promotion committee and the application for the business implementation plan (authorization) plan (authorization) was completed from Pyeongtaek-si.
However, the defendant did not have filed an application for approval of the establishment promotion committee and the business plan with Pyeongtaek-si, and it did not obtain the establishment approval of the association until now. Since the contract of this case was revoked by the defendant's deception, the defendant is obligated to refund the payment of this case and the delayed damages to the plaintiff with the restoration of the original state.
B. If any, the instant case.