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(영문) 서울서부지방법원 2020.09.22 2020나43439
납입금반환청구의소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. (tentatively named) The Defendant’s (tentatively named) Regional Housing Association (hereinafter referred to as “Regional Housing Association”) is the Promotion Committee of this case.

In 2017, it is a non-corporate association established as a regional housing association with the authorization of the establishment of Article 11 of the Housing Act from the Gangnam market, which is the competent agency.

B. On March 13, 2015, the Plaintiff’s spouse participated in an offer for a house of which the area of the section for exclusive use is 101.9833 square meters. Accordingly, the Plaintiff could not become a member of the regional housing association pursuant to Article 11 of the Housing Act, Article 21(1)1 of the Enforcement Decree of the same Act, Article 8(1) and (2) of the Enforcement Rule of the same Act, and Articles 2 subparag. 7 and 53 of the Rules on Housing Supply.

C. Meanwhile, around December 7, 2016, the Plaintiff joined the instant promotion committee as to the Defendant to be established as the regional housing association in the future and became a member of the instant committee.

agreement to pay the amount.

hereinafter referred to as "the accession contract of this case"

D. The application form for the instant membership agreement and the Defendant’s bylaws of association are referred to as the “instant bylaws.”

(A) The application form for the accession of this case (Evidence A(Evidence A(1)) shall be extracted from among the provisions of each relevant provision are as follows:

1. When a plaintiff intends to withdraw from an association, the principal, excluding down payment and agency expenses, shall be refunded from among the contributions paid only in cases where new members who succeed to the plaintiff's right and obligation have paid the contributions.

Article 12 (Defamation and Compensation for Damages)

3. The promotion committee of this case may terminate this contract with the notice of correction when the plaintiff committed any of the following acts:

In such cases, the plaintiff is automatically disqualified as a member, and no civil or criminal objection may be raised for the smooth promotion of this project.

(4) When the plaintiff loses his/her qualification as a housing association member under relevant Acts and subordinate statutes.

4. The plaintiff has withdrawn and been expelled ex officio pursuant to paragraph 3 above.

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