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(영문) 창원지방법원 2021.01.21 2020가합50426
조합원지위확인 등의 소
Text

1. From February 27, 2017, Plaintiff A shall be from October 31, 2019 to Plaintiff B, Plaintiff C shall be from October 29, 2019 to Plaintiff C, Plaintiff D shall be from October 29, 2019 to Plaintiff D shall be from November 8, 2019.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established to carry out the construction project of apartment units with a total of 3,764 households (hereinafter “instant project”) from Kimhae-si, G, and 283 (hereinafter “instant project”), and obtained authorization for establishment under the Housing Act from the Kimhae-si mayor on April 12, 2016, and obtained approval for the instant project plan on June 16, 2017.

B. 1) On May 6, 2015, Plaintiff A and Plaintiff B entered into a membership agreement with each of the respective (tentative) District Housing Association (tentative) F (tentative) on May 9, 2015, under which the said Plaintiffs joined as a member of the Promotion Council and paid the members’ contribution on the project cost, and received the ownership of one unit of apartment house to be newly constructed according to the instant project (hereinafter “instant apartment”), and thereafter, the Defendant succeeded to the rights and obligations of the Promotion Council.

2) On July 5, 2018, Plaintiff E concluded a membership agreement with the Defendant with the content that Plaintiff E joined as the Defendant’s partner and paid the Plaintiff’s share of the expenses for the project and received the ownership of the household of the instant apartment.

3) Meanwhile, on May 7, 2015, Nonparty H entered into an membership agreement with the Defendant, and Plaintiff D succeeded to the rights and obligations under the agreement of Nonparty H’s membership with Nonparty H and entered into a membership agreement with the Defendant (hereinafter “Defendant”) on September 30, 2016, and the Defendant, instead of distinguishing between the promotion and the Defendant, respectively, and each of the above membership agreements collectively referred to as “instant membership agreement”).

The Plaintiffs paid the down payment, allotted money, and administrative station expenses, etc. to the Defendant pursuant to the instant subscription agreement, and the payment details are as listed below.

Meanwhile, Plaintiff A, B, C, and E received from Brazil and paid the same as a contribution. Plaintiff A from July 2018 to October 2019; Plaintiff B from July 2018 to August 2019; Plaintiff B from July 2018 to August 2019; and Plaintiff C from July 2018 to August 2019; and Plaintiff C from July 2018 to August 2019.

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