조합원지위부존재확인 및 분담금반환청구
1. The plaintiff confirms that from August 2, 2019, the plaintiff is not in the defendant's membership.
2.The remainder of the Plaintiff’s claim.
1. Basic facts
A. The Defendant was a regional housing association established in order to implement a housing construction project (hereinafter “instant project”) at the Ilwon in Kimhae-si, and obtained authorization to establish an association from the Kimhae-si market on June 8, 2017.
B. Around June 2015, the Plaintiff entered into a membership agreement with D Regional Housing Association (tentative name) (hereinafter “Promotion Council”) and entered into between the Plaintiff and the Plaintiff to acquire the ownership of one household of an apartment unit to be newly constructed according to the instant project, and thereafter, the Defendant succeeded to the rights and obligations of the Promotion Council.
After the Defendant was established and the prospective contractor changed from E Co., Ltd. to F, on September 1, 2017, the Plaintiff drafted a membership agreement again by changing the content of the Defendant and the outlines of business, deliberation, class, number of units, contributions, etc. of the E Co., Ltd.
(hereinafter referred to as the “Defendant” without distinguishing the Defendant from the Defendant, and the Plaintiff’s subscription contract entered into with the Defendant, regardless of whether it was before or after the amendment of the contract.
From June 13, 2015 to August 8, 2015, the Plaintiff paid a total of KRW 28,780,000 (including KRW 58,780,000, including loans from Brazil on February 12, 2018) as cooperative contributions and business promotion expenses.
The Plaintiff was in the position of the householder on the resident registration basis at the time of entering into the instant subscription agreement, but on August 2, 2019, the Plaintiff lost the status of the householder when changing the householder into his spouse G.
E. Of the joining agreement of the instant case (based on the evidence No. 1 that reflects the modified contract content) and the Defendant’s agreement (hereinafter “instant association agreement”), the parts related to the instant case are as follows.
In the construction of a partnership apartment in the Dongwon (B regional housing association apartment), Kimhae-si, the Plaintiff et al. (hereinafter referred to as “A”) and the head of the regional housing association (hereinafter referred to as “association apartment”) which is the implementer in the contract of this case.