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(영문) 서울중앙지방법원 2016.09.08 2015가합562241
조합원지위 확인 등
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a regional housing association that was established in Dongjak-gu Seoul Metropolitan Government to conduct apartment construction projects (hereinafter “instant projects”) in accordance with the Housing Act in the Dongjak-gu Seoul Metropolitan Government, and was authorized to establish the housing association on November 26, 2007 upon filing an application for the authorization to establish the housing association on January 25, 2008.

B. On July 2, 2007, the Defendant entered into a service contract between D Co., Ltd. (hereinafter “D”) and D Co., Ltd. (hereinafter “D”) with which D will act as an agent for the Defendant’s housing association project (hereinafter “instant service contract”). The main contents are as follows.

Article 4 (Scope of Affairs) (1) D shall be entrusted to the defendant with the following affairs as an agent for the execution of the project:

(f) Management of contributions;

(h) Recruitment of partners (management of contribution of partners) Article 6 (Management of Contribution of Members) (1) Members shall be deposited into an account designated by the defendant for management of contribution of members;

(2) When recruiting partners, the defendant and D shall have the members deposit contributions into the account directly designated by the defendant, and shall have the members join the account after checking the deposit.

Provided, That all contributions shall be valid only if they are deposited into the account designated by the defendant.

Article 9 (Contract for Sale in Lots, Application for Subscription to Partnership, etc.) (3) D may enter into a recruitment contract only for the membership subscription agreement agreed with the defendant and the construction company in the recruitment of union members.

Article 14 (Matters of Special Agreement) (1) The composition of a regional housing association shall be comprised of the persons designated by the defendant, and the qualification of its members shall correspond to the related Acts.

(2) Detailed matters concerning methods, timing, supply prices, etc. of membership shall conform to the defendant's opinion.

C. Around July 2009, the Plaintiff entered into an agreement with D to enter into an association with the Defendant (hereinafter “instant agreement”) with the content of KRW 500,000,000,00 for the share of the association members. The main content of the agreement is as follows.

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