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(영문) 창원지방법원 2020.02.13 2019가합54392
분담금 반환 등 청구의 소
Text

1. The Plaintiff confirms from August 6, 2019 that it is not the Defendant’s member.

2. The plaintiff's remaining claims are dismissed.

Reasons

1. Facts recognized;

A. The Defendant is a regional housing association established to implement a housing construction project. On October 15, 2016, the Plaintiff is a person who entered into a membership agreement with the Defendant and paid a contribution to the expenses for the project and the Plaintiff is obligated to acquire ownership of one household of an apartment newly built under the housing construction project (hereinafter “instant membership agreement”).

B. The Plaintiff’s contribution to the Plaintiff’s membership under the instant subscription agreement is KRW 180,2460,000,000 for administrative services, and the contribution to the Plaintiff’s membership includes KRW 12,000 for administrative services.

As a member’s contribution, the Plaintiff paid KRW 50,1250,000 to the Defendant, including KRW 10 million on October 8, 2016, KRW 16 million on October 18, 2016, KRW 20,250,000 on January 8, 2018, and KRW 50,000 on April 28, 2019.

C. The Plaintiff was in the position of the householder on the resident registration basis at the time of entering into the instant subscription agreement, but became in the status of a member of the household on August 6, 2019 when changing the householder.

The part relating to the instant case in the accession agreement and the defendant's covenant of association is as follows.

(A) The term “Defendant A” and “B” mean the Plaintiff who is a member of the Committee. Article 7 of the Agreement on the Admission of this case (Disqualification for Membership)

1.A “B” may immediately cancel the contract without taking the peremptory notice of the performance or any other separate measure when there is an act falling under either of the following subparagraphs, and “B” in this context shall be automatically disqualified for membership, and in such a case “B” shall not raise a civil or criminal objection against this contract for the smooth promotion of the project:

(3) When a legal defect is discovered as an association member, such as the failure to meet the requirements for membership and the disqualification of documents due to a member's personal reason, fraudulent method, false description, seal and omission of entries, after filing an application for membership.

3. “B” is subject to paragraph 1 or 2 and is disqualified or withdrawn from membership.

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