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(영문) 부산지방법원서부지원 2020.06.09 2019가단107096
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The parties concerned are regional housing associations established with the approval of the establishment of a housing association from the head of the Busan Cheong-gu Office on August 25, 2017 in order to carry out a project for constructing multi-family housing (hereinafter “instant project”) in Busan Y-gu C, Busan Y-gu, and the plaintiff is a person who entered into a partnership agreement with the defendant.

B. Article 7 of the Defendant’s Code of Association (Definition of Terms) of the terms used in this Code is defined as follows:

4. Charges: Article 8 (Qualifications of Members) of the amount that partners pay to unions for the promotion of their projects, such as cooperative operation expenses, land purchase expenses, construction expenses, various service expenses, various charges imposed at the time of authorization or permission, taxes and public charges, etc.

1. A person who fails to own a house from the date of application for authorization to establish a regional housing association until the date of possible occupancy of the relevant local housing association, or who owns a house with an exclusive residential area of 85 square meters or less (including the persons who have succeeded to the status of winners under subparagraph 13 of Article 2 of the Enforcement Rule of the Housing Supply

) The head of the household (if the spouse of the person who wishes to be a member of the association is not registered in the same resident registration card, including the person who is a member of the association and his household members) shall be the householder of the household (including the person who intends to be a member of the association).

Provided, That where a member of a housing association temporarily loses his/her eligibility for the head of a household due to unavoidable reasons, such as work, disease treatment, study, and congestion, if recognized by the head of a Si/Gun/Gu, the member shall be deemed qualified

Article 12 (Withdrawal, Disqualification, Expulsion of Members)

2. Automatic loss of eligibility for membership of a person who does not meet the eligibility requirements for membership prescribed by the relevant Acts and subordinate statutes and the rules;

4. With respect to a person who loses the status of a union member due to withdrawal, loss of qualification for union member, expulsion, etc., new union member or member replacing such person.

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