1. The Defendant’s KRW 617,898 as well as the Plaintiff’s annual rate from April 20, 2017 to August 23, 2017.

1. Basic facts

A. On May 18, 2006, the Defendant was established with authorization from the head of Seongdong-gu Office for the establishment of the Housing Redevelopment Improvement Project (hereinafter “instant project”) for the purpose of the Seongdong-gu Seoul Seongdong-gu Seoul Housing Redevelopment Project (hereinafter “instant project”), and was authorized as the project implementation plan on June 29, 2006; the approval for the change of the project implementation plan on December 31, 2009; and the approval of the management and disposal plan on July 22, 2008, and started redevelopment project with “D apartment (hereinafter “instant apartment”) 1,148 households and obtained authorization for the completion of the redevelopment project on June 26, 2014.

B. On October 20, 201, the Plaintiff, as the Defendant’s member, sold the instant apartment units of KRW 417,859,000 to KRW 417,859,00,00 for the sales price (exclusive area of KRW 84.92 square meters) of the instant apartment units around October 20, 201, and occupied the instant apartment units around February 2014.

On April 8, 2014, the Plaintiff paid KRW 72,640,90,00, which is the difference between the standard value of the previous land, etc. calculated as the proportional rate of 72.60% and the sale price, to the Defendant.

C. A resolution was made on September 4, 2014 on the amendment of the management and disposition plan to change the proportional rate to 79.28% at the regular general meeting of the association, which was the first Defendant’s estimated expenses rate of 72.60%, but the Defendant notified the members of the association that they would refund their contributions equivalent to 6.68% of the amount of contribution that is equivalent to 50% of the amount of contribution reduction.

After that, on October 17, 2015, a resolution was passed on the amendment of the management and disposal plan to change the proportional rate to 80.35% from the extraordinary general meeting of the association, and the defendant notified the plaintiff that he would pay 36,851,794 won to the plaintiff within one month after approving the amendment of the management and disposal plan.

E. Meanwhile, on April 19, 2017, the Defendant paid KRW 36,851,794 to the Plaintiff on the ground that the instant lawsuit was pending.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 11, purport of the whole pleadings]

2. The defendant's judgment on the main defense is stipulated in Article 57 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.