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(영문) 대전지방법원천안지원 2020.06.26 2019가합104597
조합원지위부존재확인 등 청구의 소
Text

1. The plaintiff is found not to be a defendant's member.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. The Defendant obtained authorization for the establishment of a regional housing association on March 4, 2016, which was established in order to implement a project that constructs apartment complexes, which are multi-family housing pursuant to the Housing Act and the Enforcement Decree of the same Act (hereinafter referred to as the “project”).

B. On April 28, 2015, the Plaintiff entered into a membership agreement with the Defendant and paid the Defendant a contribution for the expenses of the project, and concluded a membership agreement that stipulates that ownership of one household of an apartment unit shall be transferred according to the instant project (hereinafter “instant agreement”), and paid KRW 25,00,000 to the Defendant as a contribution.

C. The parts related to the instant contract and the Defendant’s covenant of association (hereinafter referred to as the “Rules”) are as follows.

(A) “A” and “B” refer to the Plaintiff who is a partner of the instant contract) / [the qualification of a member of the instant contract] as stipulated in the Housing Act (including the Enforcement Decree, the Enforcement Rule, and other ordinances, etc. of the said Act; hereinafter the Housing Act, etc.], shall be maintained from the time of application for membership to the time of completion and occupancy.

Article 17 (Cancellation of Contracts)

2. In any of the following cases, A may rescind a contract without a peremptory notice:

At this time, B shall not raise any objection to civil or criminal matters.

Article 18 (Refund of Contributions, etc.) If a member becomes disqualified due to the occurrence of grounds for disqualification from the date of application for membership to the date of completion of the association, or violates the Housing Act and other relevant Acts and subordinate statutes, Article 18 (Refund of Contributions, etc.) shall be refunded only if he/she becomes disqualified due to the reasons under the subparagraphs of Article 16 (Refund of Contributions, etc.) by either of the following subparagraphs:

1. The contributions paid up by Eul shall be registered in a trust and down payment used for the purpose of taking into account the characteristics, conditions, etc. of the association housing, the agreed amount of land, advertisements, publicity, design expenses, and the cost of constructing model houses;

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