(영문) 부산지방법원 2020.06.17 2018가단333377

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(영문) 부산지방법원 2020.06.17 2018가단333377

분담금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a regional housing association established pursuant to the Housing Act to promote redevelopment projects in Busan Dong-gu C (hereinafter “instant projects”).

Article 11 (Qualification for Membership and General Sale of Units) (1) Criteria for membership of the members of the present apartment complex of "A" shall be as follows:

1. A household member (including the spouse of a householder who is not registered on the resident registration card for the same household as the head of the household and his/her spouse) including the head of the household pursuant to Article 8 of the Enforcement Rule of the Housing Act, who does not own a house (including the status under Article 8 (1) of the Enforcement Rule of the Housing Act; hereinafter the same shall apply in this Article) from the date of application for authorization to establish the association until the date of occupancy of the relevant association house,

(b) The head of a household who does not own a house (hereinafter the same shall apply) shall be the head of a household with only one exclusive residential area of not more than 85 square meters among the members of a household, including the head of a household, pursuant to Article 8 of the Enforcement Rule of the Housing Act (hereinafter the same shall apply in this Article) and Article 12 (Ha) (1) shall be the head of a household with only one house of not more than 85 square meters from among the members of a household, including the head of a household, if the "B" falls under any of the following or is committed, without the peremptory notice of performance or separate measures, the first written notice of the "A" may immediately terminate the expulsion or contract (the qualification of the members of the "B" may be automatically lost, and the "B" shall not raise any civil or criminal objection against

(a)"B" fails to meet the qualification requirements of any member of the Association under Section 11 (1) above or to comply with the terms of the contract in good faith;

4. That “B” is disqualified for membership of a regional housing association as stipulated by relevant laws, regulations, etc.;

(4) "B" is subject to paragraph (1) (i) above.

참조조문

-주택법

-주택법 시행규칙 제8조

-주택법 시행규칙 제8조 제1항

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