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(영문) 서울중앙지방법원 2021.03.12 2020가합581505
추심금
Text

1. The Defendant’s KRW 43,690,710 for each of the plaintiffs A, B, C, F, G, H, and I, respectively, and KRW 60,074,726 for the plaintiffs D and E and each of the above money.

Reasons

Basic Facts

K Regional Housing Association is a regional housing association established to promote a housing construction project under the Housing Act in Ulsan-gu L department, Ulsan-gu, and is authorized to establish a housing association from the head of Ulsan-gu on August 29, 2016.

The Plaintiffs concluded a membership agreement with the respective K Regional Housing Association as the head of Ulsan-gu Ma-gu, Ulsan-gu, and thereafter, lose the status of a householder, and thus, the part of the rules of the K Regional Housing Association as to the qualifications of a member of the Association under the rules of the K Regional Housing Association as follows (al.e., the qualifications of a member of the Association under Article 8 (Qualification of a Member) is as follows:

1. An owner of a household who fails to own a house from the date of application for authorization for the establishment of a housing association to the date possible to move into the house of the association or has an exclusive residential area of 85 square meters or less

(i) Provided, That where a member of a housing association temporarily loses his/her eligibility as a householder due to inevitable reasons, such as service, disease treatment, study, marriage, etc., and the head of a Si/Gun/Gu recognizes, he/she shall be deemed qualified as a member;

Article 12 (Withdrawal, Loss of Qualification, and Expulsion of Members) (1) No member of a cooperative may withdraw from the cooperative at his/her discretion.

Provided, That when it is unavoidable to withdraw a cooperative member due to an unavoidable cause, it shall be notified in writing to the head of the cooperative no later than 15 days, and the head of the cooperative shall determine whether to withdraw from the general meeting or the council of representatives.

(2) A person who is not qualified as a partner under relevant Acts and subordinate statutes and this Code shall automatically lose his/her eligibility as a partner.

(4) A person who loses the status of a partner due to withdrawal, loss of membership, expulsion, etc. shall be paid within 30 days from the date of request for refund the balance calculated by deducting the prescribed common contributions from the paid-in amount paid by the partner, but the common contributions to be deducted and the time of refund may be separately determined by a resolution of the general meeting.

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