조합원지위부존재확인 및 분담금 반환 청구
1. The Plaintiff confirms that he/she is not the Defendant’s member from September 30, 2019.
2. The costs of the lawsuit are assessed against the defendant.
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. 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’s members to pay the contribution and to receive the ownership of one household of an apartment newly built under the Housing Construction Project. Since then, the Defendant succeeded to the rights and obligations of the Promotion Council.
After the Defendant was established, the Plaintiff drafted a new membership agreement with the Defendant, including partial changes on September 17, 2017.
(hereinafter referred to as the “Defendant” without distinguishing between the promotion level and the Defendant, and each of the above subscription agreements is collectively referred to as the “instant subscription agreements”).
On June 2015, the Plaintiff paid the Defendant totaling KRW 29,052,00 as a contribution. D.
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 was deprived of the status of the householder by altering the householder into E (the Plaintiff’s spouse) on September 30, 2019.
E. Meanwhile, the part relating to the instant accession agreement and the Defendant’s bylaws (Articles of Incorporation) are as follows.
With respect to the construction of a partnership apartment in the Seoul Special Metropolitan City, Kimhae-si Co., Ltd., the Plaintiff (hereinafter referred to as “B”) and the head of the regional housing association (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “the Plaintiff”) which are the implementer, shall enter into a partnership membership agreement on the portion of one household of the F Type apartment, which is scheduled to be constructed in the future, based on the mutual trust and good faith principle as follows.
Article 6 (Conversion into General Sale) The conditions of membership of the Association members of the Project shall be within six months at Gyeong-do.