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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Defendant was established to build an apartment with a total of 1,600 households in Kimpo-si, Kimpo-si, and applied for authorization to establish an apartment on February 6, 2020 and obtained authorization to establish an association under the Housing Act on April 29, 2020.
B. Around June 20, 2017, D entered into a partnership agreement with the Defendant Promotion Committee (hereinafter “instant subscription agreement”) and the part relating to the instant case is as follows.
Article 9 (Qualification for Membership and General Sale Price) (1) A person who intends to become a member of the defendant under Article 38 of the Enforcement Decree of the Housing Act shall meet the following requirements:
1. A householder of a household who fails to own a house from the date of application for the authorization for establishment of a housing association to the time of moving into an apartment house, or owns a house of 85 square meters or less (including a spouse, if the spouse of a person who wishes to be a partner is not registered in the
2. A resident in Seoul Special Metropolitan City, Incheon Metropolitan City and Gyeonggi-do as of the date of application for authorization to establish an association;
(i) Article 10 (Cancellation of Contract and Compensation for Damages) (1) The defendant may terminate the contract immediately without taking the peremptory notice of performance or other separate measures when a partner commits any of the following acts, and in such cases, the partner's qualification shall be lost:
In such cases, the members of the association shall not raise any civil or criminal objection to this contract, as they are disqualified under the rules on housing supply, the rules of the association, and this contract.
Provided, That the defendant shall dispose of the contributions (excluding agency expenses) paid by the members to the account of the head of the Tong in return for the refund, and the time of the refund shall be considered to have been refunded when the deposit is completed due to substitution of the members or general buyers, and the automatic withdrawal shall be considered to have been disposed of at the time of deposit in the account number of the members.
1. When the terms of this contract have not been faithfully fulfilled;
3. Unauthorized.