The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport.

1. Facts of recognition;

A. The Defendant is a regional housing association established pursuant to the Housing Act in order to promote housing construction projects (hereinafter “instant projects”) in Busan Dong-gu C.

B. On July 19, 2017, the Plaintiff entered into an agreement to enter into an association with the Defendant to be supplied with multi-family housing (hereinafter “instant agreement to enter into the association”) prior to obtaining authorization to establish an association (so-called “the establishment promotion committee”), and paid the Defendant KRW 80,850,000 in terms of agency expenses and cooperative charges (hereinafter “instant association shares”).

C. On October 18, 2017, the Defendant applied for authorization to establish a regional housing association on January 12, 2018, following the inaugural general meeting, and was established as a regional housing association with the authorization of establishment from the head of the Busan Metropolitan City Dong-gu Busan Metropolitan City head on May 11, 2018. The Defendant succeeded to the rights and obligations under the instant agreement to join the association between the Plaintiff that entered into the promotion committee and the Plaintiff.

The main contents related to this case in the agreement to join the association of this case are as follows.

Article 7 (Charges and Management of Cooperative Members) (1) Cooperative membership charges are used separately for agency expenses to support Cooperative affairs, and are used for all of the project expenses (design expenses, supervision expenses, district unit planning service expenses, removal expenses, land purchase service expenses, housing promotion center construction and operation expenses, advertising promotion expenses, trust management expenses, trust management expenses, promotion committee's fees, attorney fees, civil petition and litigation expenses, taxes and public charges, various service charges, etc.) required for the implementation of the project.

(7) The term "B" means expenses incurred in transferring the ownership of a building, expenses incurred in preserving the ownership of a building, various taxes and public charges (where any registration tax, registration tax, stamp tax, certified judicial scrivener fee, bond discount fee, development charges (if any), and other expenses incurred by excluding the expenses incurred in performing projects.