Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 31, 2018, the Plaintiff entered into a partnership agreement with the Defendant, a regional housing association that is the project site for the Dongcheon-si, Gyeonggi-do as the project site.
(hereinafter referred to as the “instant subscription agreement”). With respect to the qualifications of association members, the said agreement included the following provisions:
Article 2 (Qualification for Membership)
1. The Plaintiff shall maintain the qualification of the union members under Article 21 of the Enforcement Decree of the Housing Act by the date of completion inspection.
2. In relation to paragraph (1) above, where the grounds for disqualifications relating to the maintenance of qualification of a regional housing association arise to the Plaintiff, Article 10 shall apply.
Article 10 (Cancellation of Contract and Compensation for Damages)
1. The defendant may terminate the contract immediately without giving notice of performance or taking other separate measures when the plaintiff has committed any of the following acts. In this case, the plaintiff's partner qualification shall be lost:
In such cases, the plaintiff is unable to raise a civil or criminal objection against this contract, as the rules on the supply of housing, the rules of the association, and the contract are lost.
4. When the plaintiff loses his qualification as a housing association member under the relevant Acts and subordinate statutes and regulations;
B. On October 27, 2018, the Plaintiff prepared and awarded to the Defendant a “non-housing pledge and letter” containing the following:
(hereinafter referred to as “each of the instant notes”) 1. In applying for a housing supply, all his/her spouse and household members, including the principal, possess only one house with an exclusive use area of 85 square meters or less as of the present date based on the date of application for authorization for establishment of a political party association, or pledge that no house has been owned and comply with the standards for qualification under the Housing Act and subordinate statutes.
5. I will not raise an objection even if I automatically withdraw from the expulsion when any of the following occurs. I shall be qualified due to changes in the qualification of members after entering the Association as a result of the Ministry of Land, Infrastructure and Transport inquiry.