1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant, as a regional housing association established in Dongjak-gu Seoul Metropolitan Government B, for the purpose of running a regional housing project under the Housing Act, concluded an agency contract with the non-party company (hereinafter “non-party company”) under which the Defendant delegated the authority of the Defendant association, the recruitment of union members, and the authorization of association.

B. On December 30, 2015, the Plaintiff entered into a partnership agreement with the Defendant and the Nonparty company with the purport that the Plaintiff shall take 57,000,000 won and 21,000,000 won as a partner of the Defendant association as a partner of the Defendant association, and that the Plaintiff shall take the ownership of one unit of an apartment building with the 6th square meters of the D-dong class (hereinafter “instant apartment unit 1”) to be transferred (hereinafter “instant agreement”).

C. Under the instant agreement, the Plaintiff paid KRW 99,120,000 as part of the Plaintiff’s contribution to the Defendant Union from February 24, 2016 to February 10, 2017, based on which the Plaintiff was notified that the Plaintiff could not be recognized as a member of the Plaintiff’s association because it failed to meet the requirements that “the Plaintiff shall reside in Seoul Special Metropolitan City for at least six months as of the date of the application for authorization for establishment of the association” in early 2018.

Accordingly, the Plaintiff agreed with the Defendant to purchase an apartment to be newly built as a general seller, and among the apartments to be newly built on December 11, 2018, the sale of E-dong F-type 34 square meters (84 square meters; hereinafter “instant 2 apartment”) was 840,00,000 won.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1, the purport of the whole pleadings.

2. Determination

A. The plaintiff's employee, a sales agent of the non-party company, was negligent or intentional in disregarding the date of the moving-in report on the certificate of personal seal impression (Evidence A No. 4) submitted by the plaintiff, and the plaintiff did not purchase the apartment of this case as a member of the association and was the general purchaser.