조합원지위부존재확인
1. The plaintiff is found not to be a defendant's member.
2. The costs of the lawsuit are assessed against the defendant.
1. The following facts are recognized, either in dispute between the parties or in combination with the purpose of the entire pleadings, as a whole, in each entry of Gap evidence Nos. 2 to 5 (including a serial number):
A. The Defendant obtained authorization for the establishment of a regional housing association on September 22, 2015, and authorization for the establishment of an association on April 26, 2017, respectively, as a regional housing association established to build an apartment in Ulsan-gun C Group, Ulsan-gun, Ulsan-gun.
B. On April 22, 2015, the Plaintiff entered into an agreement with the Defendant to purchase a unit (D) of an apartment building to be constructed on the above ground (hereinafter “instant subscription agreement”). On June 11, 2016, the Plaintiff entered into a re-admission agreement with the Defendant on June 11, 2016, and the content of each of the above agreements are as follows.
Article 10 (Defamation and Compensation for Damages)
1. When a contractor A (contractor) has committed any of the following acts, he/she may terminate the contract immediately without taking the peremptory notice of performance or other separate measures:
(hereinafter referred to as "not to be omitted").
B When the qualification of a regional housing association member under the relevant laws and regulations has been lost;
2.B In the event of a violation of paragraph 1 above, its membership automatically shall be disqualified, and even if Party A’s voluntary expulsion, it shall not raise an objection.
C. On February 12, 2019, the Plaintiff lost the eligibility for the householder by filing a move-in report with E households as a member of the household.
According to Article 8(1) of the Defendant’s association management rules (hereinafter “instant rules”), it is the Defendant’s association member’s qualification for the head of a household who is homeless or owns a house with an exclusive residential area of not more than 85 square meters from the date of application for authorization for establishment of a housing association to the date of occupancy of the relevant association’s house. According to Article 12(2) of the said rules, a person who does not meet the qualification requirements for association members
E. On June 22, 2015, the former Housing Act, which applies at the time of entering into the instant subscription agreement.