조합원지위 부존재 확인 및 분담금반환
1. The Plaintiff confirms from January 29, 2018 that he/she is not the Defendant’s member.
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. On January 16, 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 with a view to having the ownership of one household of an apartment newly built pursuant to the Housing Construction Project paid a contribution as a member of the Promotion Council, and thereafter, 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 January 29, 2018.
(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”).
The Plaintiff paid KRW 26,070,000,000 each to the Defendant on July 18, 2019, respectively, under the pretext of contributions, and around May 2015.
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 on January 29, 2018 by changing the householder into E (the Plaintiff’s spouse).
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 District Housing Association (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “the Plaintiff”), 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.
SECTION 6 (Conversion to General Sale in Lots) Members of the Project.