1. The plaintiff's claim is dismissed.

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

Basic Facts

The Defendant is a regional housing association established with the authorization for the establishment of a common market on April 23, 2016, after it held an inaugural general meeting on December 4, 2015, to build an apartment of the two underground floors, six apartment buildings of the 22nd above ground, a regional housing association of the 494 household scale (hereinafter referred to as “instant project”), and to sell it to its members.

On September 22, 2015, the Plaintiff prepared and submitted a “application for joining a regional housing association” to the Defendant before its establishment on September 22, 2015 (tentatively referred to as the “application for joining a association of the B-B-based housing association,” and the said application states that “I will substitute the said application with a regular contract unless there is any ground for disqualification.” As such, the said application may be treated as the same as the partnership subscription agreement. [tentatively named] and the “B-based housing association” (tentatively named) and one household (59 square meters A-type, D-type, and 59 square meters-type) out of the apartment that the Plaintiff joined as the Defendant and is to be constructed by the implementation of the instant project (hereinafter referred to as the “instant contract”). From that date, until November 23, 2015, the Plaintiff paid the Defendant the share of KRW 37,000,000 in total as contract deposit and administrative service expenses.

The parts of the Defendant’s bylaws of association (hereinafter “Defendant’s bylaws”) related to this case are as follows:

Article 23 (Matters to be Resolved by General Meeting of Association) (1) The following matters shall be determined through a resolution of general meeting:

1. Amendment to the bylaws of the association;

4. Selection and change of a contractor and conclusion of a contract for construction works;

6. Determination and change of a project implementation plan: Provided, That change in the process of authorization and permission under statutes shall be excluded herefrom;

Article 38 (Imposition and Collection of Charges) (1) Cooperative members' charges (including expenses for cooperative operation, purchase of land, construction expenses, etc.) shall be given the location, area, and current use of the housing to be supplied, and the environment.