The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

A. On December 17, 2018, the Defendant applied for authorization to establish a housing association on June 27, 2018, as a regional housing association established to promote a housing construction project implemented in Busan Jin-gu C, Busan, and obtained authorization to establish the housing association from the head of Busan Jin-gu.

B. On January 2019, the Plaintiff entered into a membership agreement with the Defendant and the regional housing association (hereinafter “instant association membership agreement”). The details relating to the qualification of the association members among the membership agreement of the instant association are as follows.

Article 2 (Qualification for Association Members) The qualification for association members of this association shall be limited to a person who has resided on his resident registration in Gyeongnam-do and Ulsan Metropolitan City or Busan Metropolitan City from six months before the date of application for association establishment as of the date of application for association establishment authorization (including a person who owns a house not exceeding 85 square meters in exclusive use area).

In addition, the homeless conditions shall be maintained by all the household members, including the head of the household (Provided, That the spouse shall be regarded as one household although it is a separate household), by the date of occupancy, and the eligibility of the union members under the Housing Act shall be maintained.

C. The Plaintiff paid KRW 20,000,000 to the Defendant as a partner contribution.

The plaintiff prepared and delivered to the defendant a letter of commitment to change the name of "the plaintiff who is a former member of the defendant's association does not meet the current conditions of membership in joining the defendant's association, but does not meet the conditions of membership at his own will, promises to change the name before the authorization for establishment of the association is received in the name of the new member D, confirm that the full amount of union contributions and administrative service charges deposited before the establishment is attributed to the defendant's association and sign and seal" (hereinafter "certificate of this case").

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, 4, and Eul evidence 1.