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(영문) 대법원 2020.09.07 2020다237100
조합원지위부존재 등 청구의 소
Text

The judgment below is reversed, and the case is remanded to Busan High Court.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Based on its stated reasoning, the lower court rejected the Plaintiff’s claim for confirmation of non-existence of membership status, on the grounds that, although there is no evidence to support that the Defendant terminated the above contract, the Plaintiff’s membership status cannot be deemed to have been lost even if the Plaintiff was disqualified as a householder.

2. Judgment of the Supreme Court

A. 1) A regional housing association is an association established by many residents residing in an area according to a certain classification for the purpose of acquiring housing (Article 2 subparag. 11 (a) of the Housing Act). The former Housing Act (wholly amended by Act No. 13805, Jan. 19, 2016; hereafter the same shall apply) before its enforcement.

According to Article 32(7) of the former Enforcement Decree of the Housing Act (wholly amended by Presidential Decree No. 27444, Aug. 11, 2016; hereinafter the same shall apply), the method and procedure for establishing a regional housing association established with the authorization of the head of the competent Si/Gun/Gu, the qualification criteria for the members of a regional housing association, the operation and management of a housing association, etc.

According to Article 38(1)1 and Article 38(2) of the Act, the head of a household who does not own a house from the date of application for the authorization to establish a housing association until the date of the occupancy of the relevant housing association or owns a house with an exclusive residential area of 85 square meters or less (hereinafter “head of a non-house or small

A member of a regional housing association can be a member of the regional housing association according to the requirements, such as the person who has resided in the relevant area for at least six months as of the date of application for authorization to establish the association.

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