Text
1. The Plaintiff confirms from September 16, 2019 that he/she is not the Defendant’s member.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Facts of recognition;
A. The Defendant was a regional housing association established in order to implement a housing construction project (hereinafter “instant project”) at the Ilwon in Kimhae-si, and obtained authorization to establish an association from the Kimhae-si market on June 8, 2017.
B. On August 30, 2016, the Plaintiff entered into a membership agreement with D Regional Housing Association (tentative name) (hereinafter “Promotion Council”) and entered into between the Plaintiff and the Plaintiff, which stipulates that the ownership of one household of an apartment newly built under the Housing Construction Project shall be transferred by paying a contribution as a member of the Promotion Council, and thereafter, the Defendant succeeded to the rights and obligations of the Promotion Council.
After the Defendant was established, the Plaintiff drafted a new membership agreement with the Defendant, including partial changes on August 27, 2017.
(hereinafter referred to as the “Defendant” without distinguishing between the promotion level and the Defendant, and each of the above subscription agreements is collectively referred to as the “instant subscription agreements”).
On August 2016 to December 2016, the Plaintiff paid the Defendant totaling KRW 28,065,00 in terms of contributions or business promotion expenses.
At the time of entering into the instant subscription agreement, the Plaintiff was in the position of the householder on the resident registration basis, but lost the status of the householder on September 16, 2019 when changing the name of the householder to E, a spouse of the Plaintiff.
E. Meanwhile, the part relating to the instant accession agreement and the Defendant’s bylaws (Articles of Incorporation) are as follows.
In the construction of a partnership apartment in the apartment unit in the Seoul Special Metropolitan City, Kimhae-si (B), the president of the regional housing association (hereinafter referred to as the "A") and the Plaintiff (hereinafter referred to as the "B") who applied for membership in the partnership apartment, the implementer, shall enter into a partnership membership agreement with respect to one unit of the partnership apartment, which is scheduled to be constructed in the future, on the basis of mutual trust and good faith as follows.
Article 6 (Conversion into General Sale) The terms of membership of the association members of the project shall not be less than six months in Gyeong-do.