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(영문) 창원지방법원통영지원 2019.04.18 2018가합11271
조합원지위부존재확인
Text

1. The plaintiff is found not to be a member of the defendant's association.

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

Reasons

1. Basic facts

A. The Defendant Union was established to build apartment houses of a regional housing association in the Dong-si C Group at the same time to sell them to its members, and was authorized to establish a housing association on April 28, 2015.

B. On December 1, 2014, the Plaintiff entered into an agreement to enter into an association with the content that the apartment of the regional housing association to be newly established with the Defendant association would purchase one apartment unit (D) with an area of 59m2.

C. The part related to the instant case in the rules of the Defendant Union (hereinafter “instant rules”) is as follows.

Article 8 (Qualification Requirements for Union Members) The following subparagraphs shall refer to the qualification requirements for union members as prescribed by the Housing Act and subordinate statutes:

(1) The term "household" means a householder who fails to own a house from the date of application for authorization for the establishment of a housing association until the date of occupancy of the relevant housing association, or owns a house with an exclusive residing area of not more than

Provided, That where a member of a housing association temporarily loses his/her eligibility for the head of a household due to unavoidable reasons, such as service, disease treatment, study, marriage, etc., it shall be deemed eligible.

(3) Members of a cooperative shall have no defects in the qualifications for membership under the Housing Act and other relevant Acts and subordinate statutes.

(4) A cooperative member shall maintain a homeless qualification from the date of application for authorization to the date of occupancy, and if it is proved that he/she owns a house during the above period, he/she may not raise an objection, even if any disadvantage, such as loss, dismissal,

Article 10 (Rights and Duties of Members) (2) Members shall have the following obligations:

1. Liability to pay charges (including operating expenses of cooperatives, land purchase expenses, construction expenses, etc.), consulting services expenses for support of partnership affairs, etc.;

2. Members specified in Article 12 of the Act, subordinate statutes, regulations, and matters to be resolved at a general meeting;

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