1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is an organization established in Suwon-gu Busan Metropolitan City, which constructed apartment buildings of a regional housing association and sells them to its members (hereinafter “instant project”).

B. On December 12, 2017, the Plaintiff entered into a membership agreement (hereinafter “instant membership agreement”) with the Plaintiff, a general manager of the Defendant, for the purpose of its establishment promotion committee for the B-area Housing Association (hereinafter referred to as the Defendant and the promotion committee, instead of distinguishing the Defendant from the Defendant and the promotion committee), and paid the share of the project of this case as the Defendant’s members. However, the Plaintiff entered into the membership agreement (hereinafter “instant membership agreement”).

C. The Plaintiff paid to the Defendant the sum of KRW 23,00,000 as well as KRW 13,200,000 for administrative services according to the instant subscription agreement.

On April 2, 2019, the Defendant notified the Plaintiff that the Plaintiff is not a single house owner, and that the Plaintiff is disqualified for membership, and that the Plaintiff automatically loses its membership pursuant to Article 12 of the Union Regulations.

E. The provisions of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 30146, Oct. 22, 2019; hereinafter “former Enforcement Decree of the Housing Act”) that stipulate the qualification requirements for the Defendant’s union members and the Defendant’s union rules are as shown in the attached Table.

F. At the time of entering into the instant subscription contract, the Plaintiff assumes that “the Plaintiff shall not own a house from the date of application for joining to the Plaintiff to the date of the occupancy, or shall own a house with an exclusive residential area of not more than 85m2 to the date of application for joining, and if it is proved that the Plaintiff and all of his/her spouse and members of his/her household possess a house even one of them, they shall not raise an objection to measures, such as compulsory withdrawal from membership, if they do not meet the requirements for membership under Article 21 of the Enforcement Decree of the former Housing Act.”