(b) In cases where the housing association rules provide for the eligibility of association members as a homeless householder for at least one year as of the date of authorization for establishment of the housing association, the period to be homeless

C. The meaning of "household members" as stipulated in Article 2 subparagraph 7 of the above Rule

(d) whether the competent authority of the housing association has interest in a lawsuit against the competent authority seeking confirmation of the status of a member where it denies or contests a member’s private position (negative);

B. Where a housing association’s membership is stipulated in the housing association’s bylaws as a homeless householder for at least one year as of the date of authorization for the establishment of the housing association, the term “one year or more as of the date of authorization for the establishment of the housing association” shall be construed only to apply the requirements of “non-housing” and shall not apply to the requirements of “household”. Thus, the eligibility of the housing association’s membership shall continue to be a homeless person from one year before the date of authorization for the establishment of the

C. “A household member” under Article 2 subparag. 7 of the above Rule refers to a household member that constitutes a household for the purpose of residing together with the householder for a long time. It does not include a household member who moved his/her resident registration place to another household with the householder temporarily for the purpose of preparing for marriage, etc. without thinking that he/she actually resides together with the householder, and constitutes the same household as the householder without any choice under the Resident Registration Act

D. Even if the competent authority authorizing the establishment of a housing association has the authority to cancel the authorization, and to order the suspension of construction or other necessary dispositions pursuant to Article 48 of the Housing Construction Promotion Act, the competent authority is merely a form of legal relations between the housing association and the members of the housing association, and the competent authority does not have a direct legal relationship between the members of the housing association, and to file a lawsuit for verification against the competent authority by denying or pointing out their judicial status, which does not constitute the most effective and appropriate means in order to raise risk concerns over the rights or legal status of the members. Thus, a lawsuit seeking confirmation against the competent authority that the competent authority has the status of a member of the housing association is filed against a third party, not the parties to

2. The employee housing association of the Defendant Cho Heung Bank confirms that the Plaintiff Kim Jong-hee, the same Kim Jong-hee, the same Kim Jong-tae, the same Kim Jong-tae, the same string, the same strings, the same strings, the same strings, the same strings, the same strings, such as Kim Jong-hee, the same strings, the same strings, the same strings, such as the same strings, the same strings, the same strings, the same strings, the same strings, and the same strings, the same strings, and

3. The claim against the employee housing association of the Labor Association of the Plaintiff Park Jong-dong is dismissed.

4. Of the costs of litigation, the portion arising between the plaintiffs and the defendant Cho Young-gu Seoul Special Metropolitan City shall be borne by the plaintiffs, the same Kim Jong-hee, the same Kim Jong-hee, the same Kim Jong-si, the same arche-si, the same arche-si, the same arche-si, the same arche-si, the same arche-si, the same knife-si, the same knife-si, the same knife-si, the same knife-si, the same knife-si, the same knife-si, the same knife-si, the same knife-si, the same knife-si and the employee housing association of the defendant Cho Young-gu Bank.

(a) Basic facts;

The following facts are not in dispute between the parties:

(1) The plaintiffs are members of the defendant's association which was authorized by the head of Busan Special Metropolitan City and Metropolitan Cities on December 2, 1988 as employees of the Cho Ho Bank.

The plaintiffs paid 64% or 82% of the total construction costs to the defendant's housing association as a member, and the defendant's housing association has recently completed the construction work and completed the completion inspection on November 20, 1989 by constructing apartment houses of national housing scale on the 38-4 and 7 lots in Busan-dong, Busan-gu, Busan-do, Busan-do.

(2) However, from April 6, 191 to December 23, 191 of the same year, Defendant Busan Metropolitan City and Jung-gu, which is an authority which authorized the establishment of the Defendant Housing Association, sent a public notice to inform each of the plaintiffs according to the rules of the Defendant Housing Association that the term of establishment of the above plaintiffs except the above plaintiffs shall not be less than 1 year from the date of authorization for establishment of the Housing Association, on the premise that the eligibility to be the housing association member is the head of the household from 1 year to 1 year from the date of authorization for establishment of the Housing Association, and that the head of the household shall not be more than 1 year from the date of authorization for establishment of the Housing Association, and that the above apartment of the above association shall be subject to completion inspection by the competent authority, and that the defendant Housing Association, which is in a position to automatically undergo the completion inspection, shall be a member of the association in accordance with the above regulations of the Busan Metropolitan City and Busan Metropolitan City, which shall automatically be a member of the association who is in violation of Article 16 of the Act.

(3) The period during which the rest of the plaintiffs except the plaintiff Kim window and the same gambling store line is constituted as the householder.

The plaintiff Kim Byung-hee transferred before the authorization to establish the defendant's association was made on May 30, 198; the same Kim Jong-hee was on May 30, 198; May 3, 198 of the same year; the same Kim Jong-hee was on November 9 of the same year; 10.5 of the same year; 9.27 of the same year; 1.4 of the same year; 1.9 of the same year; 1.27 of the same year; 8.27 of the same year; 11.10 of the same year; 1.5 of the same year; 1.15 of the same year; 1.7 of the same year; 3.10 of the same year; 1.10 of the same year; 1.4 of the same year; 1.5 of the same year; 1.4 of the same year; 1.5 of the same year; 3.5 of the same year; and 1.5 of the same year, the head of the same year;

(4) The housing ownership relationship and the formation period of the head of the household with the Plaintiff Kim Chang-ro, the same stuffed vessel

On October 7, 198, 198, the plaintiff Kim Chang-dong was the sole head of the household. On February 22, 1991, 191, after acquiring the qualification as a member, the plaintiff Kim Chang-dong was transferred to the above plaintiff's member at the time of locking due to the marriage preparation relationship of the above plaintiff and living together together with the above plaintiff's member. It is only the fact that he transferred to the original place on March 22

Meanwhile, on September 22, 198, the plaintiff Park Young-dong 295-21, 198, the plaintiff Park Young-dong 295 was the father and interest who lives in the place, and the single head of the household because he was divided from the non-party Park Jong-dong 295-21. After acquiring the membership, the plaintiff Park Jong-dong became the householder of the above household on December 15, 198, when combining with the households of the above Park Jong-dong 198.

B. The plaintiffs' assertion

Despite the fact that the Defendant’s association is a homeless householder from the time of establishment of the housing association so far, the Plaintiffs seek confirmation that the Defendant’s association is qualified as a member of the Defendant’s association, on the ground that the Defendant’s association is a primary house with respect to the Plaintiff’s Kim window or the same stuffing line and that the formation period of the householder is not less than one year as of the date of establishment of the Defendant’s housing association. As such, all of the remaining Plaintiffs were disqualified for membership for not less than

(c)qualification as workplace workers;

Article 1 of the Housing Construction Promotion Act provides that "the purpose of Article 1 is to prescribe matters necessary for the construction, supply, financing, operation, etc. of housing for the purpose of stabilizing the residential life of the people without a house and improving the housing standards for all the people." Article 3 subparagraph 9 of the same Act provides that "the association established by an employee who works in the same workplace and without a house to acquire a house shall be defined as the workplace housing association" and Article 44 (1) and (2) of the same Act provides that the establishment of a housing association shall be authorized by the head of the competent Si/Gun, but matters necessary for the methods, procedures, and standards for the establishment of the housing association shall be prescribed by Presidential Decree. Article 42 of the Enforcement Decree of the Housing Construction Promotion Act, which is the Presidential Decree, does not impose special restrictions on the qualifications of the members of the housing association, but Article 32 of the same Act provides that "the head of the housing association shall construct the housing in accordance with the housing supply conditions, methods, and procedures, etc. for the head of the household, who does not have been employed by the date of the housing association."

Here, according to Article 3 subparagraph 9 of the above Act and Article 4 (1) of the above Rule and Article 6 of the Rules of the Defendant’s Housing Association, the person who intends to become a member of the workplace housing association shall be the head of the non-housing unit under the essential premise.

However, Article 4 (1) of the above Rule requires that the tenant be a homeless person from one year to one year prior to the date of public notice of invitation of occupants. However, the above provision requires that "one year prior to the date of public notice of invitation of occupants" should not be presented in light of the nature of the supply to the members of the housing association of the housing constructed by the housing association for its members. In the case of the housing association, this part is not meaningful (the above provision means only the case where the members of the workplace association established for the supply of national housing have received collective supply pursuant to Article 15 of the above Rule): Provided, That in light of each of the above relevant laws and regulations, it is reasonable to interpret that the person eligible to become a member of the housing association should be a homeless person continuously from the time of approval of the establishment of the housing association until the time of occupancy.

Meanwhile, the defendant's association may impose restrictions on the qualifications of association members under its own rules, and as seen above, Article 6 of the rules of the defendant's association stipulates that the qualifications of association members shall be a homeless householder for at least one year as of the date of authorization for establishment of the association, but the term "at least one year as of the date of authorization for establishment of the association" under Article 6 of the above rules does not have a big importance in light of the purpose and purpose of the Housing Construction Promotion Act of stabilizing and improving the entire residential life of all citizens and maintaining housing supply order, it is reasonable to interpret that only the requirements of "non-house" is applied and that the requirements of "household owner" are not applied ( even if the guidelines for the establishment and operation of the housing association of the construction department enforced from March 23, 191, which was established after the authorization for establishment of the defendant's association were made, the period of non-family housing association shall be more than one year to three years as of the date of authorization for establishment of the association, but does not have the above regulations for the

Therefore, in full view of the relevant laws and the rules of the defendant's housing association, the qualification of the member of the defendant's housing association shall continue to be homeless from one year before the date of authorization for the establishment of the defendant's housing association until the date of occupancy.

D. Whether the plaintiffs are disqualified for membership

(1) According to the above facts and related Acts and subordinate statutes, the rest of the plaintiffs except the plaintiff Kim Chang-soo and the same gambling point line, continue to be homeless from December 2, 1987, one year prior to the authorization date for the establishment of the defendant's housing association until then, and the defendant's housing association's authorization date has continued to be the head of household from December 2, 198, and therefore,

(2) On the other hand, the issue is whether the said Plaintiff is a single head of the household at the time when the Plaintiff acquired the qualification as a housing association member, and whether the said Plaintiff should be deemed a single head of the household at the time when the Plaintiff was a single head of the household, but thereafter, if the former head of the household became a temporary member of the household and

As seen earlier, the head of a household who has a household member demands that all members of the household be homeless. Article 1 of the Housing Construction Promotion Act declares that the purpose of stabilizing the residential life of the citizens who do not have a house is illegal. Furthermore, according to the purpose of this Act, the above Act and the above regulations give the homeless persons the various preferential positions compared to the general buyers (in particular, Articles 4 and 15(3) of the above Rules, Articles 42 and 44-2 of the above Decree, Article 42-2 of the above Enforcement Decree, Article 44(6) of the above Decree, Article 42(6) of the above Enforcement Decree, Article 42(6) of the above Rules, and Article 15-2 of the above Rules, which require all members of the household to be homeless in the above Rules, can be ensured that if there are only one house in the entire family members and also reside in the same household, it shall not be treated as homeless persons who give a variety of preferential status as above.

Considering the purpose and purpose of the above provisions of each law as well as the legislative intent of the above, it refers to a householder who is a "household" under Article 2 subparagraph 7 of the above Rule and a member who forms a household for the purpose of real residence together with the householder for the purpose of real residence for a long time. It is reasonable to interpret that a member who temporarily moves his/her resident registration place to another household with the householder for the purpose of preparing for marriage without the think that he/she actually resides together with the householder in accordance with the Resident Registration Act does not include a member who inevitably moves his/her resident registration place to the same household as the householder (it is strictly demanding that a housing association is homeless to become

Therefore, even if the above plaintiff's mother, who is a primary home, and the non-party Gain, who is the above plaintiff's mother, is in the same family as the above plaintiff's above plaintiff's marriage preparation relationship, the above plaintiff is still a homeless householder, and therefore the above plaintiff is a member of the association

(3) However, as seen earlier, the Plaintiff’s Park Jong-dae acquired the membership of the Defendant’s housing association and lost the status of the head of the household on December 15, 198 after combining his father, who is a primary housing association, with the head of the household on the same day, and then recovered the status of the head of the household on January 5, 1990. Thus, the Plaintiff failed to meet the requirements for membership of the Defendant’s housing association that requires continuous homeless householder from the date of authorization for the establishment of the Defendant’s housing association until then, and thus, the said Plaintiff does not constitute a person eligible for membership.

2. Requests pertaining to the Jung-gu of the defendant Busan Metropolitan City.

The plaintiffs, as supervisors of the defendant's association of Busan Metropolitan City, Busan Metropolitan City, and Jung-gu, ordered the plaintiffs to withdraw from the defendant' association because they are disqualified members, causing the dispute of this case. Accordingly, the defendant's association has the right to examine the qualification of association members, to approve the change of association members, and to instruct the withdrawal from association, and the defendant's association is in the position of the supervisor under the direction and supervision of the association, and therefore, there is a benefit to seek confirmation as to the fact that the plaintiffs

Therefore, as seen above, since the Minister of Environment approves the establishment of the defendant housing association, it can cancel the authorization when the defendant housing association conducts a business other than the purpose, violates the conditions of the authorization of establishment, or violates other relevant Acts and subordinate statutes. In addition, in case the defendant housing association violates the above Acts or subordinate statutes pursuant to Article 48 of the Housing Construction Promotion Act, it is authorized to issue an order of mid-to long-term construction or other necessary dispositions. However, the above provision alone does not constitute a direct legal relationship between the defendant, Jung-gu and the defendant housing association. (However, it is nothing more than a formation of a legal relationship between the defendant, Jung-gu and the defendant housing association) on the other hand, where it is proper to determine the existence of rights or legal relations between the parties, and where it is recognized that it is proper to confirm who is the defendant, it is not the one of the parties to the lawsuit of this case, and it is not the one of the parties to the lawsuit of this case against the plaintiff's members or the one of the parties to the lawsuit of this case.

3. Conclusion

Therefore, the plaintiffs' claims against Jung-gu in Busan Special Metropolitan City shall be dismissed in an unlawful manner. The plaintiffs' claims against the defendant Kim Jong-hee, the same Kim Jong-hee, the same Kim Jong-ju, the same rank, the same rank, the same rank, and the same rank, the same rank, and the same rank, the same rank, the same rank, Kim Jong-hee, such as Kim Jong-hee, the same Kim Jong-hee, the same rank, the same rank, and the same rank, the same rank, and the same rank, the same rank, and the same rank of the defendant's association members. However, the defendant's association intends to deprive the defendant's association of the qualification and status while disputing the above plaintiffs' membership qualifications, and therefore the above plaintiffs' rights are still recognized as being members, and the above plaintiffs' claims in this case are dismissed as it has merit, and the plaintiff's right in this case is dismissed as it has no reason.

Judges Lee Sung-hoon (Presiding Judge)