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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 Cooperative is a regional housing association established pursuant to the Housing Act to build apartment units (hereinafter “instant apartment units”) on the land outside Seo-gu Seoul Special Metropolitan City and 11 lots. The Plaintiff is a member of the regional housing association that entered into a contract with the Defendant Cooperative to enter into a housing association with the content that the Plaintiff would purchase one household among the instant apartment units.
B. (1) On November 25, 2011, the Plaintiff entered into a regional housing association agreement with the Defendant Union to purchase one of the instant apartment units at KRW 192,00,000 (hereinafter “instant subscription agreement”). The main contents are as follows.
(이하, ‘갑’은 피고 조합을, ‘을’은 원고를 각 칭한다). 가입 평형 : 84B 타입 가입 동호수 : 203동 1701호 제2조[사업개요] ▣ 위치: 전주시 덕진구 C 일대 ▣ 대지면적: 약17,063㎡▣ 연면적: 약51,525㎡ ▣ 세대수: 총338세대(1단지:168세대, 2단지:170세대) 상기 사업개요는 인ㆍ허가 과정에서 다소 변경될 수 있으며 사업계획승인시 확정됨 제3조[사업에 대한 권한 위임] 을은 갑의 지역주택조합의 대표성을 인정하며 을의 권한 및 사업추진에 따른 다음 사항을 갑에게 위임한다.
1. Overall management of the affairs of the association (excluding all the affairs related to the recruitment of partners, authorization for establishment, and change of association members, management of association members, organization of a regional housing association and appointment of executives of a regional housing association, allocation of the same subparagraph, borrowing and management of association funds, liquidation and dissolution
9. All affairs related to design change and other authorization and permission for business (members' contributions and their management);
1. Members’ contributions are the project costs following the implementation of the project, including land purchase costs and construction works costs;
2. Eul shall pay contributions in accordance with the schedule for the payment of contributions in order to facilitate the implementation of this project.
4. Taxes and public charges imposed on the transfer and possession of land ownership among contributions to cooperative members;