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(영문) 의정부지방법원 2018.07.10 2018가단3618

기타(금전)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s wife C paid KRW 32,714,00 to the Defendant Union on October 2016, and entered into a contract for joining the regional housing association members.

C On February 5, 2017, following the death of February 5, 2017, the name of the above member was changed to the Plaintiff around March 2017.

At the time of change of name, the defendant union promised to enter into the commencement of the project until June 2017, but requested the defendant union to pay additional charges from the defendant union without starting construction up until now. On December 4, 2017, the defendant union notified the defendant union of its intention to withdraw from the defendant union and to claim the return of the amount of the money paid.

Accordingly, 32,714,00 won and interest for arrears shall be claimed.

2. Where many members of the housing association intend to establish a housing association in order to acquire or remodel housing (excluding the cases of workplace housing associations under paragraph (5)), the authorization of the competent Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter referred to as the "head of the competent Si/Gun/Gu") shall be obtained for the reason of the request;

The same shall also apply where it is intended to change the authorized contents or dissolve a housing association.

(7) Matters necessary for the method and procedure for establishment of a housing association authorized pursuant to paragraph (1), the qualification standards for members of a housing association, expulsion, withdrawal, operation and management of a housing association, etc., and necessary matters for the requirements and procedure for reporting the establishment of a workplace housing association under paragraph (5)

(8) Notwithstanding paragraph (7), a member may withdraw from a cooperative after notifying him/her of his/her intention to withdraw from the cooperative as stipulated by the rules of the cooperative.

(1) A regional housing association or workplace housing association may replace the relevant association members or have them newly join the said association after obtaining authorization for its establishment.