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(영문) 창원지방법원통영지원 2019.12.12 2019가합11193

정산금

Text

1. The plaintiff's main claim is dismissed.

2. We confirm that the Plaintiff is not the Defendant’s member.

3. The costs of the lawsuit;

Reasons

Basic Facts

The defendant was established as a regional housing association established for the purpose of newly building and selling an apartment in the C Group at the time of o's announcement, the authorization of establishment on April 28, 2015, and the approval of the project plan on April 20, 2017.

On November 1, 2014, the Plaintiff entered into an agreement to enter into an association (hereinafter referred to as “instant agreement”) with the Defendant Cooperative on the condition that the Plaintiff would purchase one of the apartment units of the regional housing association to be newly constructed after joining the Defendant Cooperative as a member of the Defendant Cooperative (hereinafter referred to as “instant association”). The Plaintiff paid 35 million won in total to the Defendant from September 30, 2014 to December 17, 2014.

On November 26, 2015, the Plaintiff was changed from the householder to a member of the household.

On October 17, 2018, the Defendant Union reported the dissolution of the partnership and received a decision to authorize dissolution from the macroscopic.

[Ground of recognition] The plaintiff asserted that there is no dispute, each entry of Gap's evidence (which includes each number; hereinafter the same shall apply), and the main claim of the whole pleadings, are changed from the householder to a member of the household, thereby losing its membership. Thus, the plaintiff is not a member of the defendant's association.

Therefore, the defendant is obligated to pay 35 million won and damages for delay paid by the plaintiff.

Judgment

In addition to the statements in Gap evidence Nos. 1 and 3, Article 8 of the rules of the defendant's association provides that "the person who does not own a house from the date of application for the establishment authorization of the housing association to the date of the occupancy of the house in question or who owns a house with an exclusive residential area of 60 square meters or less", the specific criteria shall be prescribed by Ordinance of the Ministry of Transport and Maritime Affairs," and Article 12 (2) provides that "the qualification of a person who does not fall under the qualification of a cooperative member under the related Acts and subordinate statutes and the rules shall automatically lose the qualification of a cooperative member."

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