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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Defendant is a regional housing association established for the purpose of the business of constructing and selling apartment units in privatecheon-si C (hereinafter “instant business”) and has been running the said business with the authorization to establish a housing association from private city on January 4, 2017.
B. On January 4, 2017, the Plaintiff entered into an agreement with the Defendant to enter into an apartment housing unit (D) (hereinafter “instant agreement”) with the Defendant, and paid KRW 45,000,000,000 in total, as the first or third contributions, for each of the KRW 15,000,000.
C. The main contents of the instant contract are as follows.
Article 1. [Opening of Business] Location: The number of households (Omission): 1,147 units of the business site may be changed in the area, number of households, deliberation, and club numbers in the process of the project implementation process or the authorization and permission process, and the final confirmation of the final determination at the time of approval of the business plan / Article 3 [Scheduled Construction Company] The prospective contractor for the construction of apartment shall be E stock company, and the provisional contract and this contract for the construction contract shall be concluded on behalf of the defendant entrusted with the authority pursuant to Article 2.
Article 4 (Vicarious Execution of Partnership Business)
1. To select a consulting service provider for supporting the affairs of an association for the smooth construction of apartments;
The consulting service provider for support of partnership affairs shall be F Co., Ltd., and shall delegate all matters for the implementation of this project to the Corporation, and the contract for the consulting service provider for support of partnership affairs shall be entered into separately by the defendant.
Article 5 [Trust Company] The State shall designate G as a trust company for the transparent management of funds in the progress of the business, manage the present situation, and the contract concerning the trust company shall be concluded separately by the defendant and agreed by the members of the association.
Article 7 (Contributions by Members and Management thereof)
2. Members of the Mutual Aid Association shall, for the smooth promotion of the Project, pay the contributions in accordance with the schedule for the payment of contributions;
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