조합원지위부존재확인
1. The plaintiff is found not to be a member of the defendant's association.
2. The costs of the lawsuit are assessed against the defendant.
Basic Facts
The defendant is a regional housing association established to promote a housing construction project (hereinafter referred to as the "project in this case") in the Tong Young-si in accordance with the relevant Acts and subordinate statutes, such as the Housing Act.
On May 27, 2016, the Plaintiff entered into a contract (hereinafter “instant agreement to join the association”) with the Defendant (hereinafter “D area housing association” was changed to B area housing association at that time) designating Dong/Gun as 5 E-dong, and setting the housing type according to exclusive use area as 59 square meters and joining the Defendant as a member (hereinafter “instant agreement to join the association”).
On November 7, 2018, the Plaintiff lost its householder status.
In promoting the business of building a collective housing (hereinafter referred to as “this business”), the head of the Defendant Partnership (hereinafter referred to as “A”) and the members applying for joining the partnership (hereinafter referred to as “members”) who are project implementers, entered into a partnership agreement on the portion of one apartment household, which is scheduled to be constructed in the future, on the basis of mutual trust and good faith, as follows.
Article 9 [Qualifications for Membership and General Sale Price] (1) A person (B/contractor) who intends to become a partner of an association under Article 32 of the Housing Act, Articles 38 and 39 of the Enforcement Decree of the same Act, etc. shall meet all of the following requirements:
1. Eul shall be the head of a household who fails to own a house from the date of application for authorization to establish the relevant regional housing association until the time of moving into the apartment house, or who owns only one house with an exclusive residential area of 85 square meters or less (it shall meet the requirements of the head of a household until the time of moving into the housing, and if the spouse of a person who intends to be a partner is not registered on the same resident registration card, all of his/her spouse and spouse, including the household members of B entered on the certified copy of
3. B shall be members until the time of occupancy, except as otherwise permitted by related Acts and subordinate statutes.