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(영문) 창원지방법원 2021.02.18 2019가합57261
조합원지위확인 등의 소
Text

1. The Plaintiff confirms from October 8, 2019 that he is not the Defendant’s member.

2. The plaintiff's remaining claims are dismissed.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established to carry out the construction project of apartment units with a total of 3,764 households (hereinafter “instant project”) from Kimhae-si and 283, and obtained authorization for establishment under the Housing Act from the Kimhae-si market on April 12, 2016, and obtained approval for the instant project plan on June 16, 2017.

B. On May 9, 2015, the Plaintiff entered into a membership agreement with the regional housing association (tentative name) B (hereinafter referred to as the “instant apartment”) and entered into between the Plaintiff and the Plaintiff’s member to pay the Plaintiff’s contribution for the project expenses and to receive the ownership of one household of the apartment to be newly built pursuant to the instant project (hereinafter “instant apartment”) in the future (hereinafter referred to as the “instant membership agreement”). Since then, the Defendant succeeded to the rights and obligations of the Plaintiff’s promotion.

(c)

The Plaintiff paid the down payment, the first intermediate payment, and the administrative reverse costs to the Defendant pursuant to the instant subscription agreement, and the payment details are as listed below.

Plaintiff

Details of the amount paid on the date of concluding a contract A: (a) KRW 10,000 on April 28, 2015, KRW 15,810,000 on May 9, 2015; (b) administrative station monthly payment of KRW 14,30,000 on May 9, 2015; and (c) KRW 25,810,000 on July 10, 2015; (d) administrative station payment of KRW 14,30,000 on May 9, 2015; and (e) KRW 25,810,000 on July 1, 2015.

D. At the time of entering into the instant subscription agreement, the Plaintiff was the head of the household on the resident registration basis. However, on October 8, 2019, the Plaintiff lost the eligibility for the head of the household by moving into D’s domicile.

E. Meanwhile, the part relating to the instant accession agreement and the Defendant’s bylaws relating to the instant case is as follows.

A company that is scheduled to undertake the project of this case (the defendant, Eul, and Eul are the plaintiff) is a construction company selected through a general meeting, and M.O.U. and this contract is concluded on behalf of Eul by Gap who is delegated with authority pursuant to Article 2, and Eul raises any objection against this.

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