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(영문) 부산지방법원동부지원 2020.02.13 2018가단211701
분담금 반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Facts of recognition

Defendant E District Housing Association (hereinafter referred to as “Defendant Housing Association”) is a regional housing association established for the purpose of constructing an apartment (hereinafter referred to as “instant apartment”) and supplying it to homeless persons, etc. (hereinafter referred to as “instant apartment”), and obtained authorization to establish an association on April 12, 2016, and obtained approval for a project plan on May 16, 2017.

Around March 2015, the Defendant’s housing association delegated all of its authority related to the sale of the instant apartment to Defendant F Co., Ltd. (hereinafter “Defendant Company”), and the Plaintiffs, through the Defendant Company, entered into an membership agreement with each of the Defendant’s housing associations (hereinafter “instant agreement”), and accordingly, paid to the H account designated by the Defendant’s housing association a contribution of at least KRW 60 million.

Article 11 (Establishment, etc. of Housing Association) of the former Housing Act (Amended by Act No. 14344, Dec. 2, 2016) concerning the qualifications of members of a regional housing association at the time of concluding the instant contract. 7 Matters necessary for the method and procedure for establishment of a housing association authorized pursuant to paragraph (1), the qualification standards for the members of a housing association, the operation and management of a housing association, etc., and necessary matters for the requirements for establishment of a workplace housing association and procedures for reporting, etc.

Provided, That where a regional housing association which has obtained authorization for establishment pursuant to paragraph (1) in an overheated speculative district under Article 63 (1) selects its members, it shall not recognize the status of its members in the order of receipt of an application.

Article 21 (Qualification for Membership) (1) of the former Enforcement Decree of the Housing Act (Amended by Presidential Decree No. 30146, Oct. 22, 2019) (1) A person eligible for membership of a housing association under Article 11 of the Act shall be any of the following persons:

Provided, That a person who succeeds to the status of a member due to the death of the member shall also meet the following requirements:

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