1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. As a regional housing association established to implement a housing construction project, the Defendant obtained authorization to establish an association from the head of the Gu on February 24, 2017, and on April 16, 2019, obtained approval for the construction project plan for constructing an apartment with a scale of 643 households (hereinafter “instant apartment”).

B. Around June 26, 2014, prior to obtaining authorization to establish an association, the Defendant (hereinafter “F region housing association”) entered into an association membership agreement (hereinafter “instant agreement”) with setting D and its object as KRW 53,651,00,00 of the instant apartment E, total contributions, KRW 263,651,000, business promotion expenses, and KRW 6,000,000.

The main contents of the instant contract relating to the instant case are as follows.

(A) The term “Defendant” and “B” are “D”, and Article 9 (Loss of Members)(A) may cancel the contract immediately upon the occurrence of any of the following acts, without the peremptory notice of the performance or other separate measures. In this case, “B” shall be automatically disqualified as a member of the FNN housing association. In this case, “B” shall not raise any civil or criminal objection against this contract for the smooth implementation of the project:

(9) Where it is deemed impossible to implement a project because the part payments have not been made more than twice consecutively, or the part payments have not been made more than twice, without any justifiable reason, in promoting this project, or because it has failed to cooperate with the implementation of this contract,

2. In the event of a violation of paragraph 1 above, Party A does not raise any objection to Party A even after the ex officio expulsion of Party B’s membership is made.

3. If B withdraws and is expelled ex officio pursuant to paragraphs (1) and (2), only the principal of the payment, excluding the down payment (including subscription money) and the agency fee, out of the paid amount, shall be refunded, and the time of refund shall be the time of payment in substitution for a new partner and a general seller.