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(영문) 서울고등법원 2020.02.18 2019나2052707

매매계약 무효확인의 소

Text

1. Of the judgment of the first instance, the part against the plaintiffs, including the conjunctive claim added by this court.

Reasons

1. Basic facts

A. The Defendant Mutual Aid Association was established around October 2013 with 28 members of the Defendant Mutual Aid Association, for the purpose of selling out a site for living measures to be supplied to the subjects of livelihood measures in the Seoul Seocho-gu JJ Bogeumjari Housing Project (hereinafter “instant project”), which was implemented after around 2009 by the IF (PP prior to the change: hereinafter “instant project”). The Plaintiffs were the members of the Defendant Mutual Aid Association, and the Plaintiffs are the members of the Defendant Mutual Aid Association.

B. The main contents of the articles of incorporation of the defendant association are as follows.

Article 2 (Purpose) The purpose of the Association is to obtain shares in the supply site (quasi-residential land) supplied to persons subject to livelihood measures relating to the G District development project implemented by the Corporation in this case as part of the living measures and to settle profits and losses from the land and to promote common interests of its members by settling profits and losses.

Article 4 (Finance) (1) Funds for implementing projects shall be appropriated from the following financial resources:

(3) In addition to paragraph (1), a cooperative may impose and collect expenses incurred in implementing a project from its members.

Article 5 (Qualifications for Members) Members shall be those selected by a project implementer as persons eligible for livelihood measures and who have submitted an application for joining an association.

Article 7 (Disposition of Withdrawal, Disqualification and Expulsion of Membership) (3) With respect to any member falling under the following subparagraphs, the Cooperative may decide to dismiss him/her with the consent of all the members except for the relevant member:

1. A person who excessively disturbs the order of a cooperative, by unfairly dissatisfied with a decision made at a general meeting or an executive meeting of the cooperative;

2. A person who delays the payment of the price for a long time from the agreed date;

3. Other persons who violate the provisions of the articles of association and a sales contract with a project operator and thereby endangering the existence of a cooperative.