1. The Defendant’s KRW 82,984,00 for the Plaintiff and KRW 15% per annum from May 14, 2019 to May 31, 2019.

1. Facts of recognition;

A. The Defendant holds an inaugural general meeting on April 9, 2015, and is an association that promotes the construction of a regional housing association apartment (hereinafter “instant apartment”) at the Busan Jin-gu C Day with the authorization of establishment on May 2, 2016.

B. On March 17, 2017, the Plaintiff entered into an agreement with the Defendant to enter into an association with the purport that the Plaintiff is supplied with the instant apartment complex “D” (hereinafter “instant agreement”) on the grounds that the Plaintiff is neither a homeless person nor a householder who owns a house with an exclusive residential area of not more than 85 square meters, and thus does not meet the requirements for membership under the Housing Act.

In addition, on the same day, the Defendant issued to the Plaintiff a letter of undertaking (hereinafter “instant letter of undertaking”) with the following contents, and had the Plaintiff prepare it:

E D

C. The Plaintiff paid a total of KRW 82,984,00 to the Defendant as a contribution under the instant contract.

On the other hand, the plaintiff is not indicated in the defendant's list of members.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 9, Eul evidence 1 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination

A. A. The relevant legal doctrine is a non-corporate body, regardless of the name of the association, if a housing association established by a non-family housing association as a member to build a collective housing of its members with the unique purpose of the association that is a collective housing construction project, and has an organization as an executive body with regulations and organizations, and the method of resolution or execution of business is carried out in accordance with the principle of majority of the general meeting. If the organization itself exists, regardless of the joining or withdrawal from the association, and the important matters of the association are determined as a non-corporate body, such as its existence, etc. (see, e.g., Supreme Court Decision 200Da18271, Jul. 7, 200).