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(영문) 창원지방법원 2020.08.20 2019가합55111

기타(금전)

Text

1. The Plaintiff confirms from October 28, 2016 that he/she is not the Defendant’s member.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

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. On May 8, 2016, 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 on the condition that the ownership of one household of an apartment newly built pursuant to the Housing Construction Project should be transferred by paying the contribution as a member of the Promotion Council, and thereafter, the Defendant succeeded to the rights and obligations of the Promotion Council.

(hereinafter referred to as the “Defendant” without distinguishing between the promotion level and the Defendant.

On May 2016 to July 2016, the Plaintiff paid the Defendant totaling KRW 29,869,000 as a contribution.

The Plaintiff was not a householder on the resident registration basis at the time of entering into the instant subscription agreement, but became the householder on May 11, 2016 after three days.

After October 28, 2016, the head of the household changed to E, the spouse of the plaintiff, thereby losing the status of the householder.

E. Meanwhile, the part relating to the instant accession agreement and the Defendant’s bylaws (Articles of Incorporation) are as follows.

In the construction of a partnership apartment in the apartment unit in the Seoul Special Metropolitan City, Kimhae-si (B), the president of the regional housing association (hereinafter referred to as the "A") and the Plaintiff (hereinafter referred to as the "B") who applied for membership in the partnership apartment, the implementer, shall enter into a partnership membership agreement with respect to one unit of the partnership apartment, which is scheduled to be constructed in the future, on the basis of mutual trust and good faith as follows.

Article 6 (Conversion into General Sale) In principle, the conditions of membership of the project shall be supplied to homeless members who have resided in the Gyeongnam-do for at least six months in the Gyeongnam-do and to household members who are owners of one house not exceeding 85 square meters. However, the recruitment of union members during the project implementation.