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(영문) 인천지방법원 2020.07.03 2019구합54171

조합원지위확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The committee for promotion of the regional housing association in the district (tentative name) zone (hereinafter “promotion committee”) was organized on September 17, 2009, which is the Defendant’s telegraphic body, the regional housing association under the Housing Act.

B. On April 3, 2019, the Defendant held an inaugural general meeting, and the head of Yeonsu-gu Incheon Metropolitan City authorizing the establishment of the Defendant on September 24, 2019.

C. The Defendant’s covenant provides for the following matters with respect to the qualification of union members and the transfer of the status of union members:

(1) The qualification requirements for association members referred to in Article 8 (1) and (2) shall refer to the qualification requirements for association members prescribed by housing-related Acts and subordinate statutes, and shall be as follows:

hereinafter the same shall apply.

(i)the ownership of the housing from the date of occupancy to the date of such occupancy (including the status under Article VIII, paragraph 1, of the Enforcement Rule of the Housing Act);

A) Pursuant to Article 8 of the Enforcement Rule of the Housing Act, a household member, including the head of a household (including the head of a household who is not registered in the same resident registration card as the head of a household and a person who forms the same household as his/her spouse, who is not registered in the same resident registration card for the head of a household) shall

B) In accordance with Article 8 of the Enforcement Rule of the Housing Act, one of the household members, including the head of a household, who do not own a house (b) is the head of a household with an exclusive residential area of 85 square meters or less, and 2) where a member of an association exempt from the qualification of a member temporarily loses his/her eligibility for the head of a household due to any inevitable reason, such as work, disease treatment, study, marriage, etc., if recognized by the head of a Si/Gun/Gu, he/she shall

Article 9 (Joining the Association) (1).