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(영문) 창원지방법원 2020.08.20 2019가합56244
조합원지위부존재 확인 및 분담금 반환
Text

1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.

2. The Plaintiff is the Defendant from October 21, 2019.

Reasons

1. Facts of recognition;

A. The Defendant was a regional housing association established in order to implement a housing construction project (hereinafter “instant project”) at the Ilwon in Kimhae-si, and obtained authorization to establish an association from the Kimhae-si market on June 8, 2017.

B. Around June 2015, the Plaintiff entered into a membership agreement with D Regional Housing Association (tentative name) (hereinafter “Promotion Council”) and entered into between the Plaintiff and the Plaintiff’s members to pay the contribution and to receive the ownership of one household of an apartment newly built under the Housing Construction Project. Since then, the Defendant succeeded to the rights and obligations of the Promotion Council.

After the Defendant was established, the Plaintiff drafted a new membership agreement with the Defendant, including partial changes on January 26, 2018.

(hereinafter referred to as the “Defendant” without distinguishing between the promotion level and the Defendant, and each of the above subscription agreements is collectively referred to as the “instant subscription agreements”).

On June 2015, the Plaintiff paid 28,780,000 won in total to the Defendant as a contribution (contract).

At the time of entering into the instant subscription agreement, the Plaintiff was in the position of the householder on the resident registration basis, but lost the status of the householder on October 21, 2019 when the Plaintiff’s spouse E changes to the householder.

E. Meanwhile, the part relating to the instant accession agreement and the Defendant’s bylaws (Articles of Incorporation) are as follows.

With respect to the construction of a partnership apartment in the Seoul Special Metropolitan City, Kimhae-si Co., Ltd., the Plaintiff (hereinafter referred to as “B”) and the head of the District Housing Association (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “the Plaintiff”), the implementer, shall enter into a partnership membership agreement on the portion of one household of the F Type apartment, which is scheduled to be constructed in the future, based on the mutual trust and good faith principle as follows.

Article 6 (Conversion into General Sale) The terms of membership of the association members of the project shall be at least six months in Gyeongnam-do.

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