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(영문) 인천지방법원 2021.02.18 2020구합54788

지역주택조합원자격 일시적상실의 부득이한사유 불인정처분취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

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) and the Enforcement Decree thereof to implement a new project for constructing multi-family housing (hereinafter “instant project”) in Yeonsu-gu Incheon Metropolitan City, and has obtained authorization for the establishment of an association from the Defendant on August 11, 2016.

B. On November 18, 2016, the Plaintiff entered into a membership agreement with the instant housing association (hereinafter “instant membership agreement”) (i.e., the Plaintiff’s membership agreement, which became final and conclusive to be sold in lots through additional agreements at the time), and the part concerning the qualification and the loss of status of the members of the instant membership agreement and the bylaws of the instant housing association (hereinafter “instant association bylaws”) are 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) The qualification requirements for members of a cooperative shall be related to the Housing Act and the Regulations.