지역주택조합 조합원자격 부적격통보처분 취소의 소
The instant lawsuit is dismissed.
Costs of lawsuit shall be borne individually by each person.
1. Details of the disposition;
A. A regional housing association (hereinafter “instant housing association”) is a regional housing association established pursuant to the former Housing Act (amended by Act No. 14093, Jan. 19, 2016; hereinafter the same shall apply) and its Enforcement Decree to implement a new project for constructing multi-family housing in Yeonsu-gu Incheon Metropolitan City C Day (hereinafter “instant project”) and has obtained authorization for the establishment of an association from the Defendant on August 11, 2016.
B. On December 26, 2016, the Plaintiff entered into a membership agreement with the instant housing association (hereinafter “instant membership agreement”) (i.e., the purchase of E) (i., the purchase of the instant membership agreement and the bylaws of the instant housing association (hereinafter “the bylaws of the instant association”) as follows.
Article 6 of the Joining Agreement of this case (Qualification for Membership)
1. The association members shall maintain the eligibility of the association members prescribed in Article 32 of the Housing Act and Article 38 of the Enforcement Decree of the same Act to move into the housing site;
2. In relation to paragraph (1) above, where any cause for disqualifications relating to the maintenance of qualification of a regional housing association arises to members, the cancellation provisions of Article 10 shall apply;
- Article 10 (Pledge and Compensation)
2. The Cooperative may terminate a contract without a peremptory notice on performance or any other separate procedure, if a member has committed any of the following acts:
In such cases, the members of the association shall be disqualified under the rules of the association, rules on housing supply, and this contract, so they may not raise any objection to the association for civil or criminal matters.
(c)
When a member is disqualified for a local housing association member under relevant Acts and subordinate statutes;
4.In the event of paragraph 2 above, a union member shall automatically lose his or her membership and shall not raise an objection to a voluntary expulsion from the union.
Article 9 (Qualification of Members) (1) of the Regulations of the Association shall be required to meet the qualification requirements for members of the Association, as prescribed by the Housing Act and relevant regulations.