1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. The Defendant (hereinafter “Defendant Union”) is a regional housing association established pursuant to the Housing Act to promote the construction project of multi-family housing (hereinafter “instant project”) in five and five parcels outside Kimhae-si, Kimhae-si.

B. On May 8, 2015, the Plaintiff entered into a contract with the D Regional Housing Association (tentative name) under which the Plaintiff joined as a member of the Defendant Housing Association (hereinafter “instant association membership contract”), and on May 7, 2015, and on May 28, 2018, the said Promotion Committee paid KRW 16,564,00 in total, KRW 23,564,000,000, equivalent to 10% of the members’ contributions, and KRW 165,64,000,000.

C. The Defendant Cooperative held an inaugural general meeting on June 26, 2015, and thereafter established a regional housing association with the authorization from the Kimhae market, and succeeded to the instant association membership agreement entered into by the D Regional Housing Association (tentative name) promotion committee.

On September 9, 2017, the Plaintiff submitted a written withdrawal from the Defendant Union.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. Upon delay in the business of the Plaintiff, the Plaintiff submitted a written withdrawal from the Defendant Partnership on September 9, 2017, and the Plaintiff withdrawn from the Defendant Partnership with consent to withdrawal.

Therefore, the Defendant Union is obligated to return KRW 23,564,00 paid by the Plaintiff to the Plaintiff.

B. Defendant Union 1) Articles of association established at the inaugural general meeting of June 26, 2015 of the Defendant Union (hereinafter “Defendant Union’s articles of association”).

According to the above, in principle, voluntary withdrawal of a member is prohibited, and in exceptional cases where an inevitable reason exists to a member, the board of directors of the defendant association is required to decide whether to withdraw from the meeting of the defendant association, but the defendant association and the board of representatives decided not to withdraw.