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(영문) 창원지방법원 통영지원 2021.02.16 2019가합10046
조합원지위확인 등
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

The defendant is a housing association established for the business of constructing apartment houses of a regional housing association in the Dao-si C and selling them to its members (hereinafter referred to as the "project in this case"), and obtained authorization for the establishment of an association from the Doo-si market on April 28, 2015.

On January 29, 2015, the Plaintiff entered into a partnership agreement with the Defendant on the purchase of an apartment unit of a regional housing association (Dho Lake and housing type 84A) (hereinafter “instant association membership agreement”), which is to be constructed after construing with the Defendant, and determined that KRW 10,000,000 as the consulting service cost for union business support (hereinafter “the instant consulting service cost”), apart from the charge, shall be paid as the account of E (hereinafter “E”).

On February 23, 2015, the Plaintiff transferred the status under the instant association membership agreement to F, ASEAN, and obtained the Defendant’s seal in the column for the details of succession to the rights and obligations of the instant association membership agreement (hereinafter “transfer of the status as a contractor”). The Plaintiff paid KRW 25,00,000, and F paid KRW 10,000 and KRW 3,000,000 in accordance with the instant association membership agreement.

The main contents of this case are as follows, among the agreement to join the instant association and the rules of the Defendant’s association (hereinafter referred to as the “Rules of the Defendant Association”).

Article 9 [Qualification for Membership and Sale in General] of Agreement on Subscription to Partnership

1. The eligibility of union members shall be limited to the head of a non-family household (including the owner of bonds with an exclusive use area of 60 square meters or less) who has resided on resident registration in Busan Metropolitan City, Ulsan Metropolitan City, or Gyeong-do from six months to six months as of the date of application for authorization for establishment of a cooperative;

In addition, the conditions of no house should be maintained by the entire members of the household, including the head of the household (in spite of the fact that the spouse is a separate household, it shall be regarded as one household), by the time of the occupancy, and shall not violate other relevant laws and regulations.

Article 10 (Pharmacs and .)

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