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(영문) 창원지방법원 2019.11.28 2019가합54415
조합원 지위 확인의 소
Text

1. The Plaintiff confirms from August 12, 2019 that he is not the Defendant’s member.

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

Reasons

1. Facts recognized;

A. The Defendant is a regional housing association under the Housing Act established in order to promote a housing construction project with the construction of new apartment units in the Seocho-gu Seoul metropolitan area (hereinafter “instant project”).

B. On April 8, 2015, prior to obtaining authorization to establish a housing association, the Plaintiff entered into a membership agreement with D Regional Housing Association (hereinafter referred to as “B Association”) (hereinafter referred to as the “Defendant’s association’s name”) and the Plaintiff’s association members to pay the Defendant’s association members’ contribution on project expenses and to be transferred the ownership of one household of an apartment newly constructed under the housing construction project (hereinafter referred to as “instant membership agreement”).

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

(‘A’ means the Defendant, “B” means the Plaintiff who is a member of the association). 【A’ [the indication of the property] / [the name of the member of the association in charge of contracting number selection(Gun) 133 74 m4 m2A / A(the Plaintiff’s qualification as a member) - A(the Plaintiff’s member) Article 11 of the Enforcement Decree of the Housing Act (tentative name) shall meet the following requirements:

1. The head of a household who fails to own a house from the date of application for approval for establishment of a house until the date of moving into an apartment house, or owns a house with an exclusive area of 85 square meters or less (including a spouse and a member of the household, if the spouse of the person who wishes to be a member is not registered in the same resident registration card) under

1. “A” may terminate a contract without the peremptory notice of performance or any other separate measure when there is an act falling under either of the following subparagraphs. In such a case, “B” becomes disqualified as a member of the instant association.

In such cases, "B" shall be eligible under the rules on housing supply, the rules of the association, and this contract.

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