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(영문) 춘천지방법원강릉지원 2020.05.19 2019가합46
조합원지위부존재확인 등
Text

1. The plaintiffs confirm that they did not hold the defendant's membership.

2. The defendant shall each be against the plaintiff A, E, and H.

Reasons

1. Facts of recognition;

A. The Defendant is a non-legal entity that has promoted a new apartment construction project in the scale of 688 households (which was changed to 512 households) on the first business plan by having the Gangnam-si L Day as the project execution area (hereinafter “instant project”).

B. The Plaintiffs entered into each of the agreements to enter into an association (hereinafter referred to as “each of the agreements to enter into the association of this case”) with the Defendant to purchase each of the collective housing units to be newly constructed as the instant project, as indicated below (the table), and paid each of the contributions.

Plaintiff

A The amount of contributions paid as of the date of concluding a name cooperative contract (unit: won) on July 5, 2017, A 20,000 B B on February 5, 2018, 200 C on February 5, 2018, 2000 C on June 27, 2018, 200,000 E on June 30, 2017, June 27, 2017, 200 E on May 16, 18, 200,000 G on June 16, 200,000 G on March 26, 200,00 on May 30, 2017, 200, 16, 100,000 G on June 30, 200, 16, 2007;

C. The Plaintiffs consented to the rules of the Defendant at the time of entering into each of the instant agreements, and the part pertaining to the instant case is as follows.

Article 12 (Withdrawal, Disqualification, or Expulsion of Members) (1) No member may withdraw from a cooperative at his/her discretion.

Provided, That when a member intends to withdraw from a cooperative due to unavoidable reasons, he/she shall notify the head of the cooperative of his/her intention in writing 15 days before the withdrawal, and the head of the cooperative shall determine whether to withdraw

(2) Paragraph (3) shall be paid to a person who loses the status of a union member due to withdrawal, loss of a union member qualification, expulsion, etc. within 30 days from the date on which the refund claim is requested after deducting the prescribed amount of common contributions from the payment paid by the union member, but the common contributions to be deducted and the time of refund may be separately determined

Article 24 (Resolution Method of General Meeting) (2) The following matters shall be resolved with the attendance of not less than 2/3 of the incumbent members and with the concurrent vote of not less than 2/3

2. Amendment to the covenant of association; and

D. The defendant is at the time of entering into each of the instant associations.

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