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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant was a regional housing association established in Ulsan-gun C in order to promote a new project for a regional housing association or apartment (hereinafter “instant project”) in accordance with the Housing Act and its Enforcement Decree in Ulsan-gun, Ulsan-gun, and obtained authorization for the establishment of the housing association from the head of Ulsan-gun on September 22, 2015, and obtained approval for the project plan on April 28, 2017.
B. On June 11, 2016, the Plaintiff entered into a contract with the Defendant (the promotion committee at the time) under which the Plaintiff joined as the Defendant’s partner (hereinafter “instant partnership membership contract”). According to the contract entered into at the time, the Plaintiff’s contribution shall be limited to all the expenses incurred in the implementation of this project, such as land purchase expenses, construction expenses, design and supervision expenses, advertising advertising expenses, union membership recruitment expenses, union operation expenses, and other business expenses (Article 6 subparag. 1); ② Union membership contributions (70,000 square meters) to be paid by the Plaintiff; ② Union membership contributions (7,700,000 won to be paid by the Plaintiff; ③ Matters not indicated in the said contract shall be in accordance with the union agreement and the construction contract agreement as to the contents not indicated in the said contract.
Article 15 (Article 15 (3)).
However, before entering into the instant partnership agreement with the Defendant, the Plaintiff received a written confirmation (No. 2) that “191,360,000 won of the cooperative contributions stipulated in the instant partnership agreement is a conclusive contribution to be paid as the members, and there is no additional charge due to the progress of the business,” from the Defendant’s publicity staff (hereinafter “instant confirmation document”). The date on which the instant confirmation document was written is the date on March 20, 2015, and the official seal of “(tentative name) Chairperson of the District Housing Association Promotion Committee” is affixed at the end.
C. Around that time, the Plaintiff’s membership fee of KRW 59,700,00 and KRW 7,700,000 among the union members’ contributions stipulated in the instant partnership subscription agreement.