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(영문) 대전지방법원 2019.09.11 2019가합47

아파트수분양자지위확인

Text

1. It is confirmed that the Plaintiff was in the position of buyer regarding the apartment as stated in the attached list.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Defendant is a regional housing association under the Housing Act established for the purpose of constructing an apartment house of 835 households with approximately 53,240.00 square meters of plot of land outside Daejeon Daejeon-gu, Daejeon-gu, and about 54 lots of land as a business site (hereinafter “instant business”). The Plaintiff is a member who entered into a contract with the Defendant to join a regional housing association with the Defendant, and D is the Plaintiff’s mother.

B. On August 2, 2017, the Plaintiff entered into a supply contract with the Defendant to be supplied with the total amount of KRW 21,4490,000,000 with the apartment building stated in the attached list to be constructed pursuant to the instant project (hereinafter the above apartment is referred to as the “instant apartment building,” and the above apartment supply contract is referred to as the “instant apartment supply contract”), and the main contents thereof are as follows.

Article 14 (Cancellation and Termination of Contract and Penalty) (1) The defendant may cancel, terminate, and dismiss this contract after the peremptory notice where any of the following causes arises to the plaintiff:

(7) Where he/she fails to meet any of the qualifications of a cooperative member under other union regulations or housing-related Acts and subordinate statutes, or loses his/her qualification or

C. On May 28, 2018, D completed a move-in report by having the Plaintiff as a member of the household F of the Daejeon Seo-gu E head of the household.

(hereinafter “the move-in report of this case”).

On May 15, 2018, the Plaintiff: (a) leased (i) security deposit of KRW 30,000,000; (b) the term of lease from May 31, 2018 to May 30, 2019; (c) completed the move-in report at the address under the instant lease agreement on December 14, 2018.

Notice of the cancellation of a contract due to the loss of membership;

2. The case of notification of cancellation due to the forfeiture of his membership; and

3. The Plaintiff, based on Article 21(1) of the Enforcement Decree of the Housing Act, shall maintain the eligibility of a householder from the date of application for authorization to establish the relevant association until the date of occupancy of the relevant association housing, but the Plaintiff’s results of search of eligibility requirements for association members conducted on December 13