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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 13, 2017, the Plaintiff and the Defendant Cooperatives paid a total of KRW 147,288,000 (i.e., a charge of KRW 135,288,000, the agency cost of KRW 12,000) and entered into a contract to enter into a housing association (hereinafter “instant contract to enter into an association”) that is supplied with one apartment household (C), and accordingly, paid a total of KRW 39 million to the Defendant Association.
B. On August 12, 2019, the Defendant Union obtained approval of a business plan according to an application for approval of a housing construction project plan from Sejong City. On August 19, 2019, the Defendant Union was issued a notice of approval of a business plan on August 19, 2019.
C. On August 26, 2019, in the process of approving the housing construction project plan, the Defendant Union stated that the total number of households was changed from 673 households to 25 households due to securing the overall number of sunshine and complex, securing the main access road view, and installing the additional neighborhood living facilities.
During the process of the assignment of the above generation, there was no subparagraph C allocated to the Plaintiff, and the Defendant Union allocated another subparagraph to the members of the reduced generation, including the Plaintiff.
On August 29, 2019, the Plaintiff prepared a written request for cancellation of membership of the Defendant’s Union member (cancellation) and prepared a written withdrawal on August 29, 2019.
[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, Eul evidence 1 to Eul evidence 14, the purport of whole pleadings
2. Determination as to the cause of action
A. The plaintiff's assertion that the defendant union had deceiving the plaintiff as to the number of Dong and Ho, which is an important matter in entering into the contract, and the plaintiff entered into the contract of this case by deceiving the defendant.
In other words, the defendant did not explain the fact that the number of Dongs and units stipulated in the contract of joining the association of this case is merely a simple expected, and caused the plaintiff to misunderstand that a specific number of Dongs and units is finally sold, thereby allowing the plaintiff to enter into the contract of joining the association of this case.