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(영문) 창원지방법원 2020.02.20 2019가합56381
조합원지위부존재확인의 소
Text

1. The Plaintiff confirms from November 4, 2019 that he/she is not the Defendant’s member.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts recognized;

A. The Defendant is a regional housing association established to implement a housing construction project in the Japan of the land in Kimhae-si, and the Plaintiff is a person who entered into a membership agreement with the Plaintiff on October 7, 2016, which stipulates that the ownership of one household of an apartment newly constructed under the housing construction project shall be transferred (hereinafter “instant membership agreement”).

B. At the time of entering into the instant subscription agreement, the Plaintiff was in the position of the householder on the resident registration basis, but became in the status of a member of the household on November 4, 2019.

C. The part related to the instant membership agreement and the Defendant’s covenant of association (hereinafter “Rules of Association”) are as follows.

(A) The term “Defendant A” and “B” mean the Plaintiff who is a member of the Committee. Article 7 of the Agreement on the Admission of this case (Disqualification for Membership)

1.A “B” may immediately cancel the contract without taking the peremptory notice of the performance or any other separate measure when there is an act falling under either of the following subparagraphs, and “B” in this context shall be automatically disqualified for membership, and in such a case “B” shall not raise a civil or criminal objection against this contract for the smooth promotion of the project:

(3) If a legal defect is discovered as a partner, such as failure to meet the requirements for membership and the disqualification of documents due to a member's personal reason after filing an application for membership, fraudulent methods, false entry, seal and omission of entries, etc., Article 14 (other)

3. Matters not stated in this Agreement shall be governed by the Regulations of the Association, the “Agreement on the Construction Work” and the “relevant laws and regulations and the general practices”.

The qualification requirements for a person who intends to become a partner of an association under Article 21 of the Enforcement Decree of the Housing Act, etc. shall meet all of the following requirements:

except that the relevant laws and regulations are modified.

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