1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is one of the non-corporate associations organized in order to establish a regional housing association (hereinafter “instant apartment”) that carries out a project of constructing five apartment complexes with a total of 2,510 households (hereinafter “instant apartment complex”) within the Yongsan-gu, Yongsan-gu, Busan (hereinafter “instant project site”), and one of the apartment complexes of this case, B is the project zone.

B. On June 13, 2017, the Plaintiff entered into an agreement to enter into an association with the Defendant for the purpose of selling the instant apartment units in total amount of KRW 348,920,000 (hereinafter “instant agreement”) among the instant apartment units, and paid the share of KRW 40,00,000 in total to the account designated by the Defendant on July 13, 2017 and on July 21, 2017.

C. Article 10(2) of the partnership subscription agreement prepared at the time of the instant contract provides that “a plaintiff shall submit to the defendant 15 days before he/she intends to voluntarily withdraw due to his/her own circumstances a letter of withdrawal from partnership, along with a certificate of his/her personal seal impression for withdrawal from partnership, and the withdrawal shall not be recognized by any other means, but it shall be limited to cases where the union recognizes withdrawal by resolution

(A) Article 12(1) of the Rules of the Defendant’s Union provides that “A member may not withdraw from a cooperative at will, except that where a member intends to withdraw from a cooperative due to an inevitable cause, he/she shall notify the head of the cooperative in writing (a written withdrawal accompanied by a certificate of seal imprint) 15 days prior to the withdrawal, and the head of the cooperative shall determine whether to withdraw from the cooperative by resolution of the general meeting or the board of directors.”

(A) Evidence No. 1-2) / [based on recognition] / 3] The non-contentious facts, entry of Evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. The Plaintiff’s assertion that the contract of this case was rescinded or cancelled as follows, or the Plaintiff expressed his intent to withdraw from the partnership, and the Defendant is obligated to refund the Plaintiff’s contribution paid to the Plaintiff.