1. All of the plaintiff's claims are dismissed.

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

1. The Defendant, at the same time, applied for authorization to establish a housing association on February 14, 2015 as an association established for a multi-family housing construction project (hereinafter referred to as “Defendant association”) at the same time, and obtained authorization to establish a housing association on April 28, 2015.

On October 13, 2014, the Plaintiff entered into an agreement to enter into an association (hereinafter referred to as “instant agreement to enter into an association”) with the Defendant Cooperative to purchase one of the apartment units of a regional housing association to be established in the future (D) and paid a total of KRW 8,164,03, including contributions, to the Defendant Cooperative.

On the other hand, around July 20, 2009, the Plaintiff’s spouse E acquired the ownership of F apartment G (exclusive use area of 84.85m2) at macro-si on July 20, 2009, and the Plaintiff and E transferred to the above apartment around October 13, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. Determination

A. As the Plaintiff’s spouse owns a house exceeding 65 square meters for exclusive use by its spouse, the Plaintiff did not meet the requirements for membership under the Housing Act and the Rules of the Defendant Association, and thus, the Plaintiff automatically lost the status of the Plaintiff’s member.

The plaintiff is not a member of the defendant union.

The contract for joining the association of this case entered into with a failure to meet the requirements for membership is null and void, and the payment of contributions paid accordingly is null and void. As such, the defendant association is obligated to refund the contributions received from the plaintiff.

B. Determination 1) According to Article 38(1)1 of the Enforcement Decree of the Housing Act and Article 32(5) of the former Housing Act (amended by Act No. 13435, Jul. 24, 2015); and Article 38(1)1 of the Defendant Union’s bylaws (Evidence A, No. 3, No. 1) of the Enforcement Decree of the Housing Act, which provide for matters that can be qualified as a member of a housing association pursuant to the delegation of the said Act and Article 32(5) of the former Housing Act; and Article 38(1)1(a) of the former Enforcement Decree of the Housing Act and Article 12(4) of the Union Rules of the Union