1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. Basic facts

A. The Defendant is a regional housing association established on January 9, 2004 to promote the apartment construction project (hereinafter “instant project”) on the land of Gwangju City as a regional housing association method, and the Plaintiff is a person who was a member of the Defendant.

B. On March 22, 2004, the Plaintiff entered into a membership agreement (hereinafter “instant membership agreement”) with the Defendant with the content that the Plaintiff joined as the Defendant’s partner and would purchase one household (32 square meters exclusive use area of 84.89 square meters, 167,900,000 won for the association members) of the regional housing association.

C. The Plaintiff paid 74.6 million won in total to the Defendant under the instant subscription agreement (i.e., down payment of KRW 10 million in the intermediate payment of KRW 6.6 million in the intermediate payment of KRW 58 million).

Meanwhile, the Plaintiff failed to pay the Defendant the land transfer cost of KRW 4,150,000 among the members’ contributions. Accordingly, the Defendant ordered the Plaintiff ex officio pursuant to Article 15(2) of the Union Regulations on the grounds of delinquency in payment of the Plaintiff’s contributions, and received approval for the alteration of the association members from the Gwangju-si on March 26, 2008.

E. Article 15(2)4 of the Rules of the Defendant Union provides that “If a partner is expelled, the contributions already paid shall be refunded at no interest rate only to the principal (deduction of business promotion expenses) as prescribed by this Code, but the time of repayment shall be the refund rate at the time when the payment is completed after replacing the member and the general seller.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 2 and 5, the purport of the whole pleadings

2. The assertion and judgment

A. Article 15(2)4 of the Plaintiff’s alleged covenant provides that a member shall refund the contribution if he/she was removed from the association. Since the Defendant was expelled from the association member on the ground that the Plaintiff did not pay the land transfer cost out of the contribution to the association, the Defendant shall refund the contribution that the Plaintiff paid to the Plaintiff.