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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. A regional housing association promotion committee is an organization organized in order to promote the establishment, etc. of a regional housing association that implements a new project to build D apartment (hereinafter “instant apartment”) in the House C in the Gu Government-si (hereinafter “instant apartment”). On January 30, 2019, the Defendant comprehensively succeeded to the rights and obligations of the said promotion committee by obtaining authorization for the establishment of a housing association from the government market.
(hereinafter the above promotion committee and the defendant collectively referred to as "the defendant association"). B
Around October 26, 2016, the Defendant Union concluded an agency business service agreement with E (hereinafter referred to as “E”) that entrusts the instant project promotion to E (hereinafter referred to as “E”).
Among the above agency service contracts, the main contents related to the division of duties between the defendant union and E shall be as follows:
Article 3 (Sharing of Duties) of the agency service contract
2. The Defendant Union shall faithfully:
1) Designation of the project implementer on the land of the Defendant Union and provision of the project site; 2) Recruitment of members (hereinafter omitted)
3.E shall, upon delegation of the work of the Defendant Union under paragraph 2, faithfully:
8) Comprehensive business support related to the business affairs of the Defendant Union, determination of supply prices, sale in lots and advertisement 9) M/H establishment and implementation of plans, such as establishment and operation of and advertisement for M/H, management of subscribers (members), consultation, notification, etc. (hereinafter omitted)
C. On December 26, 2016, the Plaintiff entered into an agreement to enter the association (Evidence No. 1; hereinafter “instant agreement to enter the association”) under which the Defendant Association would visit the instant apartment sales center in the form of model Haba in F, the Government-si, and would purchase G (59m2) out of the instant apartment.
On the same day, the Plaintiff remitted KRW 5,000,000 for the first payment among the down payment (including business promotion expenses) to the H Co., Ltd. account designated by the Defendant Cooperative, and the down payment to the same account on January 3, 2017.