logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.08.13 2019가합15515
기타(금전)청구의 소
Text

1. The plaintiff's main claim is dismissed.

2. The part concerning the first and second preliminary claims in the instant lawsuit shall be dismissed, respectively.

3...

Reasons

1. Basic facts

A. The Defendant is a regional housing association established with the authorization to establish a housing association from the head of Ulsan Metropolitan City North Korea on October 27, 2015 in order to promote a project for constructing multi-family housing (multi-family housing) (hereinafter “instant project”) pursuant to the Housing Act and subordinate statutes on the north-gu, Ulsan-gu, and 92 parcel.

B. The Plaintiff entered into a contract with the Defendant as a member, and accordingly, paid 50,000,000 won for down payment, 15,000,000 won for agency business, and 18,00,000 won for additional contributions.

C. The main contents of the Defendant’s covenant, which was enforced from October 27, 2015, which was the date the Defendant’s establishment authorization was granted, are as follows.

Article 8 (Qualification of Members) Qualification requirements for members of a cooperative shall mean qualification requirements for members prescribed by the Housing Act and subordinate statutes, and shall be as follows:

Provided, That where housing (related Acts and subordinate statutes) is changed, it shall be changed.

1. A householder who fails to own a house from the date of application for the authorization for the establishment of a housing association to the date possible to move into the relevant housing association, or who owns one house with an exclusive residing area

(i) Where a housing association member temporarily loses his/her eligibility for the head of a household due to extenuating circumstances, such as service, medical treatment of a sick person, study, marriage, etc., he/she shall be deemed to be a member;

2. A person who resides in the relevant area (referring to the Ulsan Metropolitan City, Busan Metropolitan City, and Gyeongnam-do) for at least six months as at the date of application for the authorization for the establishment of a housing association;

(1) No member may withdraw from a cooperative at his/her discretion;

Provided, That when a member intends to withdraw from an association due to unavoidable reasons, he/she shall notify the head of the association in writing 15 days prior to the withdrawal, and the head of the association shall determine whether to withdraw from the association by resolution of the general meeting or the

(2) Relevant statutes and their interests.

arrow