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(영문) 창원지방법원 2020.09.03 2019가합55326
조합원 지위부존재 확인의 소
Text

1. The plaintiff confirms that from August 18, 2017, the plaintiff is not in the defendant's membership.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

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. Around May 2015, the Plaintiff drafted the evidence No. 1 (Joining Agreement) on May 17, 2015. However, according to the details of the transfer of the contribution No. 7, the Plaintiff paid the down payment and business promotion expenses from May 6, 2015 to KRW 1 million on March 1, 2015.

D The Plaintiff joined a district housing association (tentative name) (hereinafter referred to as the “Promotion Council”) and entered into a membership agreement with the Plaintiff to pay a contribution as a member of the Promotion Council and to acquire the ownership of one household of an apartment unit to be newly constructed according to the instant project, and thereafter, the Defendant succeeded to the rights and obligations of the Promotion Council.

(hereinafter referred to as the “Defendant” without distinguishing between the Promotion Division and the Defendant, and the above subscription contract is referred to as the “instant subscription 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 to a household member at his residence on August 18, 2017.

On the other hand, the part related to the instant membership agreement and the Defendant’s bylaws (hereinafter “instant covenant”) are as follows.

With respect to the construction of a partnership apartment in the Seoul Special Metropolitan City, Kimhae-si Co., Ltd., the Plaintiff (hereinafter referred to as “B”) and the head of the District Housing Association (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) who applied for membership in the partnership apartment, the implementer, shall enter into a partnership membership agreement based on the principle of mutual trust and good faith with respect to the portion of 59 square meters (former 25 square meters) F Type apartment, which is expected to be constructed in the future.

Article 4 (Management of Contributions by Members and Installment Payments Loans)

8. Classification of the cooperative contributions into a specified type floor;

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