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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. The Defendant is a regional housing association established to promote a housing construction project (hereinafter “instant project”) in accordance with the Housing Act and its Enforcement Decree by making the Daegu Suwon-gu Seoul Project District as a project implementation district.
B. On July 30, 2015, the Plaintiff entered into a membership agreement with the Defendant (hereinafter “instant membership agreement”) and paid a total of KRW 170,15 million from July 30, 2015 to September 2015.
C. The main contents of the contract of this case between the plaintiff and the defendant are as follows.
<조합원 가입 계약서> ◆ 목적물의 표시 : 대구광역시 수성구 C 일원 제1조 (정의 및 목적)
1. The purpose of this project is to procure and operate the funds and to carry out other necessary projects in supplying the housing of the members of the association for promoting the stabilization and improvement of the residential life which is the cause of the members of the association;
2. “A” and “B” shall endeavor to ensure that this project for the creation of a house in happy by fulfilling their responsibilities on the basis of good faith, good faith and cooperative principles until the completion of the project in accordance with the provisions of the Code of the Association.
Article 3 (Members' Contributions)
1. The shared amount of association members shall include land purchase costs, construction works costs, design and supervision costs, removal costs, civil petition treatment costs, service costs, and other costs and expenses incurred in performing this project (such as costs for the construction of model houses);
2. “B” shall pay the following contributions by the due date in accordance with the following schedule of payment of contributions:
Article 8 (Omission of Payment Schedule for Cooperative Members' Contributions)
3. The contributions of members include agency expenses (10 million won/households). Article 7 (Disqualifications for Membership)
3. “B” shall refund only the paid principal, excluding agency expenses, from among “members’ contributions” already paid when a member becomes disqualified or withdraws from membership because he/she falls under paragraphs 1 and 2, and “A” shall be paid by the date of refund for the contribution of members referred to in paragraph 1 of Article 3.