(영문) 부산지방법원 2019.11.13 2019가합45315

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2019.11.13 2019가합45315

분담금 반환 등 청구의 소

Text

1. Among the plaintiff's primary claims, the part of the claim for confirmation of non-existence of membership and the conjunctive claim are all.

Reasons

1. Basic facts

A. The related defendant between the parties is a regional housing association established to promote redevelopment projects in the Dong-gu Busan Metropolitan City C, and the plaintiff is its member.

B. 1) On August 4, 2017, the Plaintiff entered into a membership contract with the Defendant for a regional housing association (hereinafter “instant contract”) with the following content.

(1) The criteria for eligibility of the association members for joining the apartment house of Article 11 (Qualification of the association members and the general sale of the apartment house of Article 11 (A) of the Agreement on the Admission of the association members are as follows:

(a) below:

the same shall apply in this section.

(A)in accordance with Article 8 of the Enforcement Rule of the Housing Act, the head of a household who does not have any of the following shall be the head of the household (including the head of the household who is not registered in the same resident registration card for each household as the head of the household and a person who forms the same household as his spouse; hereinafter the same shall apply)

[b) The head of a household who does not own a house shall be the head of a household who owns only one house with an exclusive residential area of 85 square meters or less from among the members of a household, including the head of a household, pursuant to Article 8 of the Enforcement Rule of the Housing Act (hereinafter referred to as "A") and Article 12 (Treatment and Compensation for Damages) (1) "A" may immediately remove the name or contract from the unilateral written notification of "A" without taking any of the following measures or measures. In this case, the eligibility of "B" as a member of the household shall be automatically disqualified, and "B" shall not raise any civil or criminal objection against "A":

1.A “B” is below the qualification requirements of any member of the Association under Section 11(1) above or below the terms of the contract.

참조조문

-주택법 시행규칙 제8조

-주택법 시행규칙 제8조 제1항

유사 판례

-부산지방법원 2020.01.16 2018가단333551

-인천지방법원 2020.07.03 2019구합54171

-부산지방법원 2020.06.17 2018가단335991

-부산지방법원 2020.06.17 2018가단333377

-부산지방법원 2020.01.16 2018가단333551