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(영문) 울산지방법원 2019.07.04 2018구합7840
조합설립인가무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. A regional housing association (hereinafter “instant association”) is an association established with the purpose of building apartment units in the way of a regional housing association in Ulsan-gu, Ulsan-gu, and the purpose of supplying apartment units to its members and general buyers.

B. On June 1, 2017, the instant association filed an application for the authorization to establish a housing association with the number of members of the association 374 and filed an application with the Defendant for the authorization to establish the housing association. On September 26, 2017, the Defendant confirmed the materials submitted on the application for the authorization to establish the housing association with respect to the instant association, and issued a disposition to establish the housing association with respect to the instant association pursuant to Article 11 of the Housing Act, Article 20 of the Enforcement Decree of the Housing Act, and Article 7 of the former Enforcement Rule of the Housing Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 624, May 31, 2019) by deeming that the association members meeting all the requirements for the establishment

(hereinafter “instant disposition”). (b)

On October 13, 2015, the Plaintiff is a member of the instant association who entered into a membership membership agreement with the Promotion Committee of the Regional Housing Association.

C. The part related to the instant case in the bylaws of the instant association (hereinafter “instant bylaws of association”) is as follows.

Article 8 [Qualification for Union Members] Qualification for Union members means qualification for union members as provided in the Housing Act and subordinate statutes, and are:

1. A householder who fails to own a house from the date of application for authorization for the establishment of a housing association to the date possible to move into the relevant housing unit, or who owns one bond of a house with an exclusive residential area

(i) A person who resides in Gyeongnam-do as of the date of application for authorization for establishment of a housing association for at least six months;

(i) A person who falls under Article 9 (Joining a Cooperative) (1) of the Regulations and who intends to join a Cooperative shall submit an application for membership in a prescribed form and documents necessary for the implementation of the project and obtain permission from the president of the Cooperative (including the chairman of the Promotion Committee);

Article 12 (Disqualification for Membership)

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