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(영문) 대구지방법원 2019.06.14 2018가합210250

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 Defendant is a regional housing association that has been established by obtaining authorization for establishment pursuant to the Housing Act and the Enforcement Decree of the Housing Act to promote a housing construction project as a project implementation district of Daegu Suwon-gu C.

B. On February 17, 2015, the Plaintiff entered into a partnership agreement (hereinafter “instant agreement”) with the Defendant to acquire housing to be established within the said project implementation district upon joining the Defendant’s membership.

C. The Plaintiff is the owner of the Daegu Suwon-gu D apartment E (hereinafter “D apartment”), and was living in D apartment as from March 8, 200 to F along with the Plaintiff’s father F, and was changed from F to the Plaintiff on February 12, 2015, the Plaintiff became the householder who owned the said D apartment 1 at the time of the instant contract.

F. On December 13, 2016, the F purchased Daegu Suwon-gu G apartment H (hereinafter referred to as “G apartment”) and completed a move-in report as G apartment on the same day, and completed the registration of ownership transfer with respect to G apartment on December 23, 2016.

E. After that, on March 14, 2018, F finished the move-in report for D apartment again, and then changed the householder from the Plaintiff to F. Accordingly, the Plaintiff was disqualified as the householder.

F. Around October 2018, the head of Daegu Suhyup District Office notified the Defendant of the list of disqualified persons among the Defendant’s members, and the list stated that the Plaintiff constitutes disqualified persons on the ground of “temporary loss of household owners” and “ownership of two or more houses”.

Accordingly, around October 2018, the Defendant requested the Plaintiff to submit explanatory materials as to the loss of membership. On November 9, 2018, the Defendant notified the Plaintiff that the instant contract will be terminated as the grounds for the loss of membership arise.

G. Meanwhile, on April 26, 2018, the Plaintiff changed the householder of D Apartment from F to the Plaintiff, and F completed the move-in report from D Apartment on October 8, 2018 to G apartment.

[Ground of Recognition] Unsatisfy, Gap Nos. 1, 2, and .