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(영문) 전주지방법원 2017.06.16 2016가합645

매매대금반환

Text

1. All of the plaintiff's lawsuits of this case are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing association established under the Housing Act to implement a construction project for AK apartment (hereinafter “instant apartment”) on the land outside the AJ of the Jeonsi-gu Seoul Special Metropolitan City and 92. Defendant AI is the head of the Plaintiff’s whole association, and the remainder of the Defendants (hereinafter “Defendant buyers”) are the buyers of each household indicated in the table column of the attached Table of the instant apartment around 2013.

B. The main contents of the Plaintiff’s bylaws are as follows.

Article 2 (Purpose) The purpose of this Code is to promote stability in the residential life of the association members by prescribing matters necessary for the projects of the association of the plaintiffs under the Housing Act, thereby protecting the rights and interests of the association members and facilitating the implementation of the projects.

Article 8 (Qualification of Union Members) Qualification requirements for Union members mean qualification requirements for union members as prescribed by the Housing Act and subordinate statutes, and are:

1. A person who is a householder who fails to own a house from the date of application for authorization for establishment of a housing association to the date possible to move into the relevant housing association, or who owns one house with an exclusive residing

2. A person who has resided in a housing association for at least six months at the preceding week as at the date of application for authorization for the establishment of a housing association. (1) The head of an association shall represent an association, exercise overall control over its affairs, and preside over its affairs

Article 23 (Resolution of General Meeting) (1) The following matters shall be determined through a resolution of the general meeting:

1. Amendment to the bylaws of the association;

2. Borrowing of funds, method thereof, interest rate, and method of repayment;

3. Contracts to become a partner of the partnership, other than matters prescribed by the budget and by the regulations.

4. Selection and change of a contractor and conclusion of a contract for construction;

5. Selection and dismissal of the partnership’s officers;

6. Details of allocation for each member of the project;

7. Resolution on dissolution of the partnership and accounting report at the time of dissolution;

8. Approval of budget and settlement of accounts;

9. Other matters which require a resolution of the general meeting in the housing Acts, subordinate statutes, this Code or the conditions of authorization for establishment.

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