Whether a housing association member who owns a house within one year from the date of authorization for the establishment of the housing association may be excluded from the person eligible for occupancy of the apartment.

According to the Seoul Special Metropolitan City's Guidelines on the Establishment and Operation of Housing Associations (C. 23, 191) requiring a homeless household to be disqualified for not less than three years on the basis of the date of authorization for establishment. However, although the nature and contents of the regulations are nothing more than that of the Seoul Special Metropolitan City's internal rules on the housing association, it does not externally bind the court or citizens. Article 4 (1) of the Rules on Housing Supply requires a homeless household from one year before the date of public announcement to the date of occupancy, but it is difficult to naturally present the concept of "the date of public announcement for invitation of occupants" as to a housing association which is difficult to present as a matter of course, it is a lack of legislation. In this case, the date of public announcement for establishment of the housing association can not be regarded as the date of public announcement for establishment of the housing association or the date of public announcement for establishment of the housing association. Even if the date of public announcement for establishment of the housing association is regarded as the date of authorization for establishment, deprivation of rights or expectation rights formed from members should be based on strict laws or cooking, but it cannot exclude members from the basis.

Article 4 of the Rules on Housing Supply, Article 3 of the Guidelines on the Establishment and Operation of the Seoul Special Metropolitan City Housing Association

LLC et al. and 38 others

Saeong-dong Hyundai Apartment Association

Seoul Central District Court Order 91Ka9080

1. Revocation of the order of the court below

2.Subject to the condition that the applicants deposit 1,000,000 won each as security for the respondent as follows:

On July 23, 1991, the respondent shall not sell to the members of the Respondent the remaining apartment 129 households by drawing the same trees on the Respondent's 6-dong Hyundai Apartment 708 households, which were newly constructed on the 340-1 and 5-dong, Songpa-gu, Songpa-gu, Seoul, and on July 23, 1991.

3. The applicants may submit as security each document entering into a payment guarantee entrustment contract with the Gangnam Branch of the Korea Guarantee Insurance Company and the amount referred to in paragraph (2) as the guaranteed amount.

The same shall apply to the order.

1. The following facts are proved in full view of each of the contents stated in the Evidence Nos. 1 (Certificate of Establishment of Housing Association), the Evidence Nos. 2 (Certificate of Establishment of Housing Association) and the Evidence Nos. 3 (Report of Establishment of Housing Association Nos. 4 (Agreement), the Evidence No. 5 (Agreement on Construction Contract), the Evidence Nos. 6-1 (Approval Form), 2 (Approval Form), 8 (Certified Copy of Land Register), the Evidence Nos. 9 (Certified Copy of Land Register), the Evidence Nos. 10-1 through 39 (Report on Payment of Price in Lots), the Evidence Nos. 12 (Certificate of Registration of Housing Association No. 2), the Evidence Nos. 13 (Certificate of Registration of Housing Construction Business), and the Evidence No. 15-1 through 39 (Certified Copy of Building Register) bound by the Records:

A. 85 employees working for the Korea Highway including the applicants form the second workplace housing association of the Korea Highway Corporation on December 2, 198, and formed 8 other workplace housing associations including the Korea Highway Corporation on December 20, 198, such as the Korea Guarantee Insurance Corporation and the Korea Highway Corporation on December 20, 198, and the Respondent, as well as the Respondent, the Korea Highway Corporation established the Korea Highway Corporation Association of Pungdong Modong Hyundai Apartment Complex, a respondent, with all other workplace housing associations

(b)The second workplace housing association of the Korea Highway shall obtain the authorization of the establishment of the housing association from the head of Seocho-gu on May 13, 1989, and its members shall increase to 130 persons.

C. On June 15, 1989, the respondent association entered into a construction contract with Hyundai Construction Co., Ltd., a housing construction business operator, to build an apartment building with 6,708 households as an apartment house, and purchased 27,718 square meters of land on 340-1, 5,491 square meters in Songpa-gu, Songpa-gu, Seoul, Songpa-gu, and provided it as an apartment building site to Hyundai Construction Co., Ltd. (in relation to the above land, the registration of co-ownership was completed in the name of individual members of the respondent association including the applicant on May 25, 190).

D. On September 29, 1989, the said Hyundai Construction Co., Ltd. started construction works around December 31, 199 and completed construction works around 708 units of the said apartment around 6-dong 708 by the head of Song-gu with the permission of the housing construction site creation, approval of the project plan, and building permission.

E. During the period from December 20, 198 to March 25, 1991, the applicants paid 63,00,000 won of the apartment sale price in nine installments among the apartment sale price in 74,465,000, and only 11,465,000 won of the remainder to be paid together with the allocation of the apartment at the time of occupancy shall be left.

F. The applicants owned a house before their own, and disposed of it from December 19, 198 to December 4, 1990, and completed the registration of ownership transfer, but there was no reason to deprive the Korea Highway Corporation of its membership by being expelled from the second workplace housing association due to the housing ownership issue.

G. On July 11, 191, 129 members, including applicants, were found to have owned a house within one year prior to the date of authorization for the establishment of the workplace housing association, the respondent association notified the above 129 members, pursuant to Article 12 of the Guidelines for the Establishment and Operation of the Seoul Special Metropolitan City Housing Association (E. 23 March 23, 1991) and Article 46 of the Business Approval Conditions by the Administrator of Songpa-gu, and the apartment can not be allocated to the above 129 members, including applicants, after the computerized inquiry about whether to impose property tax on the members of the association around July 11, 1991, the respondent association notified the above 129 members of the fact that they had owned a house within one year prior to the date of authorization for the establishment of the workplace housing association. On July 23, 1991, 129 members

2. The applicant has the right to receive allocation of the above apartment as long as the applicant actually owns or is the buyer of 39 households among the above unsold apartment units, and has lost the status as a member of the workplace housing association or has not violated the Housing Construction Promotion Act. The respondent claims that the applicant was excluded from the object of allocation of apartment units without any legitimate legal basis. Thus, according to the facts explained above, the applicant has the status of a member of the workplace housing association of the Korea Highway, and the applicant has the right to receive allocation of the above apartment units from the respondent association as a matter of course, since he has the status of a member of the workplace housing association of the second workplace housing association of the Korea Highway and has paid properly the above apartment units, and the deprivation of his right should have the legitimate legal or partnership rules to exclude the respondent from the object of allocation of the above apartment units.

3. First of all, the respondent union's guidelines on the establishment and operation of the Housing Association in Songpa-gu Seoul Special Metropolitan City (as of March 21, 191), among the grounds for excluding applicants from the subject of apartment allotment, Article 12 of the above guidelines is merely a provision that "it may be searched using the government's housing network when verifying the eligibility of the union members at the time of approval of the establishment establishment or business plan of the Housing Association or at the time of occupancy in the housing association". However, according to Article 3 of the above guidelines, the above guidelines demand that the non-family company be located in the housing (as of three years prior to the date of establishment authorization) for three or more years based on the date of establishment authorization (as of March 23, 191), but the above guidelines are established based on the guidelines on the same name established by the Construction Ministry (as of March 23, 1991, the nature and contents of the regulations have no effect on the establishment and operation of the Housing Association in Songpa-gu Seoul Special Metropolitan City, and it cannot be interpreted that the above applicants's can be excluded from the apartment construction association and a non-family.

4. Therefore, Article 3 subparag. 9 of the Housing Construction Promotion Act provides that "the housing association established by an employee who does not work for the same workplace in order to acquire a house" shall be defined as the workplace housing association. Article 44(3) of the same Act provides that the housing association shall be deemed as a project undertaker under the same Act. Article 42(2) of the Enforcement Decree of the Housing Construction Promotion Act provides that "the housing association shall be prescribed by Presidential Decree." Article 32 of the same Act provides that "the project undertaker shall construct a house in accordance with the supply conditions, method and procedure of a house as determined by the Minister of Construction and Transportation in order to maintain the order of housing supply, and Article 3 of the Rules on Housing Supply, which is the Ordinance of the Ministry of Construction and Transportation, provides that "the housing association shall be constructed for a period of not more than 1 week prior to the date of the public announcement of the housing construction plan, and only Articles 4(1) and 17 of the said Rules shall be excluded from the housing association to the date of the public announcement of the housing construction plan."

In light of the nature of the concept of ‘date of public announcement for invitation of occupants' as a matter of course, Article 4(1) of the Rules on Housing Supply does not clearly stipulate that the time of public announcement shall be deemed to be the date of public announcement (the provisions of Articles 7 through 9 of the above Rules shall not apply to the housing association in light of its purpose and contents). In this case, the date of public announcement for the establishment of housing association shall not be deemed to be the date of public announcement for the association or the Respondent association association. Even if the date of public announcement for the association is deemed to be the date of public announcement for the association establishment, it shall be based on the strict legal or logical basis that deprives the association members of the right of approval for the establishment or the right of expectation formed from the date of public announcement for the association. Article 17 of the above Rules, which provides that the right of public announcement for the exclusion of the association members from national housing or national housing within five to ten years from the date of public announcement for the establishment of housing, and it shall not be reasonable to exclude the above provision from the housing association's disposal.

In addition, Article 47 (1) of the Housing Construction Promotion Act provides that "no person shall be supplied with or be supplied with a house constructed and supplied under this Act by deceit or other unlawful means," but in combination with the provisions of Article 38-3 (3) through (5) of the same Act applied mutatis mutandis under Article 38-3 (2) of the same Act, the above provision is related to the resale of national housing and is not applicable to the above cases.

On the other hand, the articles of association of the 2nd workplace housing association provide that "the members of the 2nd workplace housing association shall be the persons who have no houses from among the employees working for road works and who are recognized by the 2nd workplace housing association", and Article 8 (3) of the 2nd workplace housing association provides that "the members of the 2nd workplace housing association shall be the persons who have no houses from among the employees working for the 2nd workplace of the 2nd workplace of the 2nd workplace of the 2nd workplace of the 2nd workplace of the 2nd workplace of the 2nd workplace of the 2nd workplace of the 2nd workplace of the 2nd

5. Thus, as seen earlier, the applicants have the right to preserve the remainder of the apartment price after the completion of the above apartment as well as the right to receive the allocation of one household of the apartment price. The respondent union is not only required to exclude the applicants from the subject of the allocation of the apartment price without any legal or legal grounds, but also to sell the apartment in general by the method of bidding the bonds, and thus there is a need to preserve the application of this case by the applicants. Therefore, the decision of the court below is unfair and its conclusion is revoked differently, and it is so decided as per Disposition by the assent of all Justices to permit a provisional disposition on the condition that the applicants deposit 1,00,000 won as security for the respondent union.

Judges Ansan-tae (Presiding Judge) (Presiding Judge)