1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Facts of recognition

On July 24, 2007, the Plaintiff, upon introduction by the Defendant, who served as the employee of the D Licensed Real Estate Agent Office located in Yeongdeungpo-gu Seoul Metropolitan Government, decided to purchase the right to become a primary member from the Had District Housing Association and H District Housing Association (hereinafter collectively referred to as the “each of the instant cooperatives”) under the name of the Plaintiff (hereinafter referred to as the “instant association membership right”).

(hereinafter “instant contract”). The Plaintiff paid 1.8 million won to the Defendant on the date of accession as down payment to the Defendant, and paid 90 million won in total to the Defendant’s national bank account in the name of the Defendant, respectively, by remitting KRW 87 million on July 27, 2007 and KRW 1.2 million on August 3, 2007 to the Defendant’s national bank account.

Of the total amount of KRW 90 million that the Plaintiff paid to the Defendant, the amount pertaining to the F Area Housing Association was KRW 20 million (i.e., KRW 15 million agreed upon by the union members, KRW 5 million), and the amount pertaining to H Area Housing Association was KRW 70 million (i.e., KRW 50 million agreed upon by the union members (= KRW 20 million).

On the other hand, on March 2, 2009, the Plaintiff transferred KRW 5 million to the national bank account in the name of J (Representative L), a company executing agency of the F Area Housing Association, at the request of the Defendant on March 2, 2009.

On August 3, 2007, J, a prospective project agent of the F Area Housing Association, issued a written confirmation of the status of the members of a regional housing association under the name of Plaintiff E, and on July 25, 2007, K (Representative M) Co., Ltd., a prospective project agent of H Area Housing Association, issued an application form under the name of Plaintiff G.

on July 26, 2008, K Co., Ltd. was selected as a project agent at its inaugural general meeting of H District Housing Association.

The F Regional Housing Association at the time of 2007 cannot be confirmed as at the present time, and on April 4, 2012, the new road area housing association (the representative N) applied for authorization to establish an association to the head of Yeongdeungpo-gu. However, on May 21, 2012, the head of Yeongdeungpo-gu is at least 80/100 of the relevant housing construction site.