The plaintiff's appeal against the defendants and the defendant E-area housing association added at the trial.

1. Basic facts

A. Defendant E District Housing Association (hereinafter “Defendant Association”) is a regional housing association that carries out the business of supplying a new apartment under the name of “P” (hereinafter “instant business”). Defendant F and Defendant G are the companies that concluded an agency contract with the Defendant Association and vicariously carry out the business of the Defendant Union.

B. On July 3, 2017, the Plaintiff entered into an agreement to enter into an association (hereinafter “instant agreement to enter into the association”) with the content that the Plaintiff would purchase one of the above apartment complexes (I) to be newly constructed from the Defendant association.

C. Under the instant agreement, the Plaintiff deposited the total amount of KRW 56,620,000,000 in five times from June 29, 2017 to February 20, 2018 into the account of the NH Bank designated by the Defendant Cooperative.

[Ground of recognition] Facts without dispute, Gap 2, 6, 7, and 8 (including branch numbers, if any; hereinafter the same shall apply), each entry, and the purport of the whole pleadings

2. Determination as to the primary claim against the Defendants (determination as to the joint tort claim)

A. At the time of the conclusion of the contract to join the association of this case, the Defendants asserted that “(i) land acquisition ratio is 96.95%; ② selling price is 6 million won per square year; and (ii) the Si Corporation is N Co., Ltd.; ③ the same can be allocated to the Plaintiff; and ④ the total number of households in the apartment complex was 988 households, which secured more than 50% of the total number of members.”

However, in fact, the Defendant Union failed to secure the land as much as the ratio of securing the land advertising, and ② the selling price is from 7.210,000 to 7.560,000 won per square year, as well as the contractor is not determined as a conclusion of an understanding agreement with the NF, and ③ the designation of the same class before obtaining approval of the project plan from the person authorized to approve the project plan in accordance with the Housing Act