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(영문) 창원지방법원 2020.09.03 2019가합54354
조합원 지위확인의 소
Text

1. The plaintiff confirms from July 19, 2019 that he is not the defendant's member.

2. The litigation costs shall be borne by the defendant.

Reasons

1. Basic facts

A. The Defendant was a regional housing association established in order to implement a housing construction project (hereinafter “instant project”) at the Ilwon in Kimhae-si, and obtained authorization to establish an association from the Kimhae-si market on June 8, 2017.

B. On May 5, 2015, the Plaintiff entered into a membership agreement with D Regional Housing Association (tentative name) (hereinafter “Promotion Council”) and entered into between the Plaintiff and the Plaintiff with the content that the Plaintiff would join as a member of the Promotion Council and pay a contribution and acquire the ownership of one household of an apartment unit to be newly built according to the instant project, and thereafter, the Defendant succeeded to the rights and obligations of the Promotion Council.

After the Defendant was established, on August 7, 2017, the Plaintiff drafted a membership agreement by changing the outlines of business with the Defendant, deliberation, class, number of Dongs, contributions, etc.

(hereinafter referred to as the “Defendant” without distinguishing the Defendant from the Defendant, and the Plaintiff’s subscription contract entered into with the Defendant, regardless of whether it was before or after the amendment of the contract.

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 lost the status of the householder by making a move-in report with a person living together with E on July 19, 2019.

On the other hand, the part related to this case in the joining agreement of this case (based on the evidence No. 1-2 reflecting the modified contract contents) and the defendant's bylaws (hereinafter "the bylaws of this case") are as follows.

In the construction of a partnership apartment in the apartment unit in the Seoul Special Metropolitan City, Kimhae-si (B), the president of the regional housing association (hereinafter referred to as the "A") and the Plaintiff (hereinafter referred to as the "B") who applied for membership in the partnership apartment, the implementer, shall enter into a partnership membership agreement with respect to one unit of the partnership apartment, which is scheduled to be constructed in the future, on the basis of mutual trust and good faith as follows.

SECTION 6 (Conversion to General Sale in Lots) This Project.

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