1. The plaintiff's claim is dismissed.

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

Basic Facts

Defendant B’s regional housing association promotion committee (hereinafter “Defendant B’s promotion committee”) is an organization organized to establish a regional housing association that implements the project to build new apartments (hereinafter “instant project”) at the D Day in Kimhae-si.

Defendant C is a corporation established for the purpose of real estate development business, real estate consulting business, real estate sale and lease business, which has entered into a contract with the Defendant Promotion Committee for Services, etc.

On March 7, 2017, the Plaintiff entered into an agreement with the Defendant Promotion Committee to enter into an association membership agreement with regard to one household of an apartment unit supplied with 84 square meters A (hereinafter “instant subscription agreement”) and paid 5,5180,000 won in total as a partner contribution to the Defendant Promotion Committee.

On September 28, 2017, the Defendant Promotion Committee held an inaugural general meeting. On March 8, 2019, the Defendant held an extraordinary general meeting and resolved to reduce the scale of business from 42,108 square meters to 35,960 square meters in the business area, total floor area of 142,273.11 square meters in the business area, 117,382.93 square meters in the business area, 807 households in the 998 generation expected to be constructed, from 14 units in the 14-dong building size to 12 units.

The Defendant Promotion Committee applied for authorization to establish an association on May 7, 2019 to Kimhae-si City Mayor on the basis of the reduced business scale as above, and applied for authorization to establish an association around September 2019 and June 2, 2020. However, even until the date of closing argument in the instant case, the Defendant Promotion Committee did not obtain authorization to establish an association.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, 1 and 3, and the fact-finding results of this court's fact-finding on Kimhae-si, the defendants asserted the purport of the whole pleadings did not proceed with the project of this case even after considerable time has elapsed since the conclusion of the contract of this case, and did not explain the progress of the project of this case, and did not explain the situation where the construction is not in progress.

As such, the Plaintiff did not perform its obligations under the instant subscription agreement.