On April 8, 2015, the Plaintiff joined the Defendant Association B (hereinafter referred to as the “Defendant Association”) by investing 6 million won and 45 passenger buses in kind (D, E, and hereinafter referred to as the “instant bus”).

B. On September 20, 2016, the Plaintiff withdrawn from the Defendant Cooperative.

C. Defendant C is the representative of the Defendant Union.

2. The assertion and judgment

A. At the time when the Plaintiff asserted that he was admitted to the Defendant Cooperative, the Defendants, when the Plaintiff withdraws from the Defendant Cooperative, entered into an oral agreement with the Plaintiff that he would immediately register the ownership transfer of the instant bus. In the event that the Plaintiff withdraws from the Defendant Cooperative under the Articles of Incorporation of the Defendant Cooperative, the Defendant Cooperative is obligated to return the cash contribution and the bus invested in kind to the Plaintiff.

On September 20, 2016, the Plaintiff withdrawn from the Defendant Cooperative, and the Defendants agreed to cooperate in the sale of the instant bus to the Plaintiff, and they subsequently agreed to sell the instant bus at KRW 35 million to the old luscis Co., Ltd. (hereinafter “former luscis”).

However, the Defendants refused to register the delivery and transfer of ownership of the instant bus on the grounds of the litigation relation between the Plaintiff and the Defendant Union’s F Branch G, and failed to sell the instant bus to the old luscis.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 6 million of the Plaintiff’s cash contribution and KRW 35 million of the damages incurred by the Plaintiff due to the Plaintiff’s non-sale of the instant bus due to the Defendants’ non-performance of payment.

B. The plaintiff to determine the claim against the defendant C is jointly and severally with the defendant C as the representative of the defendant union, not as the defendant C.