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(영문) 부산고등법원(창원) 2020.11.12 2020나13260
조합원지위부존재 등 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The defendant bears the total costs of the lawsuit after the appeal.

purport, purport, and.

Reasons

1. Objects of adjudication of this Court;

A. The Plaintiff filed the instant lawsuit against the Defendant seeking confirmation of the absence of membership status and the return of payment. The first instance judgment accepted the Plaintiff’s claim for confirmation of the absence of membership status, and dismissed the Plaintiff’s claim for the refund of payment.

B. Accordingly, only the Defendant appealed as to the Plaintiff’s claim for confirmation of non-existence of membership, which is the part against the Defendant in the judgment of the first instance. The court of the first instance prior to remand accepted the Defendant’s appeal and dismissed the Plaintiff’s claim for

C. The Plaintiff appealed on this, and the Supreme Court reversed the judgment of the court prior to the remanding, and remanded the case to this court.

Therefore, this Court's judgment after remand is limited to the plaintiff's claim for confirmation of non-existence of membership.

2. Basic facts

A. The Defendant is a regional housing association established to promote a housing construction project with the contents of newly constructing apartment units in the land unit of the Chang-si window C (hereinafter “instant project”).

On November 9, 2015, the Defendant obtained authorization to establish an association, and on July 12, 2016, obtained approval for a project plan with a scale of 515 households or more (hereinafter “instant apartment”) on the project site.

B. On May 26, 2015, before the Defendant’s establishment authorization was granted, the Plaintiff entered into an association membership agreement with the Defendant’s promotion committee (hereinafter “Defendant”) with the content that the Plaintiff joined the Defendant’s association members and paid the Plaintiff’s contribution on business expenses, and is subject to transfer of ownership of one household of an apartment newly built according to the instant project (hereinafter “instant membership agreement”).

C. The part pertaining to the instant case in the instant accession agreement is as follows.

(A) The term “A” is indicated by the Defendant, “B,” and “B, a member of the Plaintiff).

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