상가분양계약 효력 부존재 확인
1. The Plaintiff and Defendant C, each of which was concluded on September 2, 2014 between the Plaintiff and Defendant C, in sales contract and the Plaintiff and Defendant B.
1. Basic facts
A. On October 8, 2013, the Plaintiff was a regional housing association that obtained authorization for establishment pursuant to the Housing Act in order to construct a new apartment house, etc. in the Geumcheon-gu Busan Metropolitan Government D (hereinafter “instant project”). On September 26, 2014, the Plaintiff obtained the approval of the project plan for the said new project from the head of Geumcheon-gu Office (hereinafter “instant project”).
B. On September 2, 2014, the Plaintiff entered into a sales contract with Defendant C on the first floor 102 (hereinafter “instant sales contract”) of the Plaintiff’s 1st floor (hereinafter “instant 102”) (hereinafter “instant 1 sales contract”), and on October 1 of the same year between Defendant B and Defendant B on the first floor 101 (hereinafter “instant 101”) of the same shopping district (hereinafter “instant 2 sales contract”).
C. On the other hand, around October 10, 2013, E Co., Ltd. (hereinafter “E”) entered into an agency contract with the Plaintiff on behalf of the Plaintiff for the operation of the Plaintiff Union and all business related to its members, etc. (hereinafter “instant agency contract”).
Article 45 (General Parcelling-Out) (1) Where 20 or more houses remaining after being sold to members are sold, they shall be sold to the public in accordance with the Housing Act and subordinate statutes.
(2) Where the remaining housing is less than 20 households and welfare facilities, such as commercial buildings, may be arbitrarily sold in accordance with the resolution of the general meeting of partners or the board of directors.
The contents of the Plaintiff’s bylaws concerning this case are as follows.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-2, Gap evidence Nos. 3 and 4, the purport of the whole pleadings
2. The assertion and judgment
A. The part of a newly built and completed building by a housing association which is the subject of the determination on the cause of the claim, which belongs to the collective ownership of all the members of the association, and the management and disposition of collective ownership, if any, shall be governed by the articles of association or regulations of the housing association, and if there is no articles of association or regulations with regard thereto.