조합원 총회결의 부존재 확인의 소
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant is a regional housing association established pursuant to the Housing Act and subordinate statutes in order to newly build “D apartment (hereinafter “instant apartment”) on the ground specified in paragraph (1) of the purport of the claim, and entered into a contract for the supply of one unit of apartment (E) upon joining the Defendant’s membership on August 3, 2016 (hereinafter “instant member’s subscription contract”). At that time, Article 21(8) of the Agreement on the Joining the Cooperative (Supply) was stipulated as follows.
(B) at the following time, “A” means the Defendant, “B” means the Plaintiff.
On November 10, 2014, the Defendant is the F Co., Ltd. (hereinafter “F”) as the contractor of the instant apartment construction project on November 10, 2014.
(2) On August 3, 2015, the Defendant entered into an agreement with F and G cooperatives, etc. on collective payment loans of KRW 162.3 billion in total with F on March 16, 2015. (2) On August 3, 2015, the Defendant entered into an agreement with F and G cooperatives, etc. on collective payment loans of KRW 1,62.3 billion in total with the Plaintiff.
3) On May 17, 2017, the Defendant selected F as the contractor of the construction work on the instant apartment-related urban planning road, and entered into a contract for construction work amounting to KRW 5,553,00,000 for the total construction cost on May 17, 2017. (4) On March 13, 2018, the Defendant entered into a modified contract with F to increase the construction cost of KRW 942,50,000, more than the initial contract amount under the said contract for construction work.
C. As of the date of the closing of argument in the instant case, the construction of the instant apartment as of the date of the closing of argument in the project is completed and the occupants reside, and the Defendant remains only in various settlement issues following the progress of the project.
Meanwhile, on March 22, 2019, F shall perform the obligation of joint and several sureties to the members, including the Plaintiff, in accordance with Article 21(8) of the membership agreement of the instant member with respect to the payment of the construction cost, etc. unpaid by the Defendant.