logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.01.12 2016가단101683
청구이의
Text

1. The defendant's compulsory execution against the plaintiff is denied based on the payment order issued by the Daegu District Court 2015 tea16094.

2...

Reasons

1. Basic facts

A. The Plaintiff is a regional housing association established pursuant to the Housing Act for the purpose of newly building and supplying housing on the land of Daegu Suwon-gu Suwon-gu C, and obtained authorization for the establishment of the Daegu Suwon-gu head of the housing association with the inaugural general meeting on March 15, 2015 as 985 members on June 9, 2015.

B. On June 9, 2015, the Defendant entered into an membership agreement with the Plaintiff, and paid to the Plaintiff KRW 46,00,000 on the day of the contract as a member’s contribution, KRW 46,000 on the 20th day of the same month, KRW 50,000 on the 30th day of the same month, and KRW 19,000,000 on the 30th day of the same month, and KRW 161,00,000 on the aggregate.

C. The Plaintiff’s bylaws and the Defendant’s membership agreement regarding the withdrawal from partnership and the shares of association members are as follows.

[Rules of Association] Article 12 (Withdrawal, Disqualification, Expulsion) (1) Members may not withdraw from an association at will.

Provided, That when a member intends to withdraw from an association due to unavoidable reasons, he/she shall notify the head of the association in writing 15 days prior to the withdrawal, and the head of the association shall determine whether to withdraw from the association by resolution of the general meeting or the

(4) With respect to a person who has lost the status of a partner due to withdrawal, forfeiture of membership, expulsion, etc., only the principal paid excluding agency service expenses, shall be refunded from the payment made by the partner, and the time of refund shall be the refund key at the time when the deposit is completed by substitution of a new partner and a general seller, but a joint installment to be deducted and the time of refund may be separately determined by the resolution of the general meeting.

(3) Article 7 (Disqualification of Members) (1) provides that a defendant shall automatically lose his/her membership following the immediate termination due to a cause attributable to an association member under paragraph (1), and Article 3 (2) provides that a person shall be disqualified for membership and an ex officio expulsion.

arrow