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(영문) 대법원 2020.10.15 2020다227639
조합원 분담금 반환 청구의 소
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The defendant is a regional housing association that obtained authorization for the establishment of a housing association with regard to the new apartment construction project in which the Changwon-si counter C Headquarters is the project site.

D On August 8, 2015, following the completion of the new construction project with the Defendant, a housing association joining a housing association (hereinafter referred to as “instant subscription agreement”) that intends to be supplied with one household of an apartment house.

On October 26, 2016, the Plaintiff acquired the status of the Defendant’s member by succeeding to the rights and obligations stipulated in the instant subscription agreement from D as it is.

On January 21, 2019, the date prior to the occupancy date, the Plaintiff changed the head of the household at his/her domicile from the Plaintiff to H.

2. The lower court determined that the Plaintiff lost the status of a householder, thereby losing the Defendant’s membership and losing its membership. The reasons are as follows.

Article 10 of the subscription agreement of this case provides that the defendant may terminate the contract when a member loses his/her membership pursuant to the relevant Acts and subordinate statutes and the rules of association. Article 15(3) of the subscription agreement of this case provides that matters not covered by the subscription agreement of this case shall be governed by the rules of association, etc.

Article 12(2) of the Defendant’s Union Regulations provides that the eligibility of a cooperative member who does not fall under the qualifications prescribed by relevant statutes and the Union Regulations shall be automatically lost. According to Article 32 of the former Housing Act (amended by Act No. 13805, Jan. 19, 2016; hereinafter “former Housing Act”) and Article 38(1)1(a) of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 27444, Aug. 11, 2016; hereinafter “former Enforcement Decree of the Housing Act”), a cooperative member of a regional housing association may move into the relevant housing association from the date of application for authorization for the establishment of the housing association to the date of occupancy of the relevant housing association.

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