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(영문) 창원지방법원 2019.09.05 2018가합54296
조합원 지위 부존재확인 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts recognized;

A. The Defendant is a regional housing association established to implement a housing construction project, and obtained authorization to establish an association on March 25, 2016 from the Kimhae-si market. On December 28, 2017, the Defendant obtained approval for a housing construction project plan (hereinafter “instant project”).

B. 1) Prior to obtaining authorization for establishment of a regional housing association, the Plaintiff entered into a contract to establish a regional housing association on February 9, 2015 (hereinafter “Promotion Committee”).

B) A membership agreement between the Plaintiff and the Defendant that stipulates that the ownership of one household of an apartment newly built according to the housing construction project shall be transferred (hereinafter “instant membership agreement”) by paying the Defendant’s share of expenses for the project (hereinafter “instant membership agreement”).

A) A) A party entered into a contract, and paid 30 million won for its members’ contributions and agency expenses (the indication of the subject matter): [tentative name] D regional housing association project name: E project name and the name of Si event shall be finally determined in the process of authorization for establishment/project. The scale of business: 1,2 complex total area of 75,248 square meters; 114,461.22 square meters; 836 households and neighborhood living facilities with 22 stories from underground to 20 stories; and 836 households and neighborhood living facilities with 12 stories from underground and 20 stories in the process of the progress of the project and the authorization. A party entered into a contract for construction work in accordance with the resolution of the general meeting of the association after the authorization for establishment is made. Article 4 (Co., Ltd.’s shares and agency expenses) of the 10th and 40th and 15th and 10th and 10th and 15th and 2014th and 10th and 15th and 10th after the intermediate payment.

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