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(영문) 서울중앙지방법원 2014.10.30 2014가합505081
대상청구금
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 cooperative established by the head of Dongjak-gu Seoul Metropolitan Government on February 22, 2007 after the dissolution of 6 cooperatives, including D Housing Association or E Housing Association established in Dongjak-gu Seoul Metropolitan Government C, and obtained authorization for the establishment from the head of Dongjak-gu on February 22, 2007. The Plaintiff owned the Dongjak-gu Seoul Metropolitan Government 401 Ground Grashion (hereinafter “the instant resolution”).

B. On July 20, 2007, the Plaintiff drafted an agreement on the transfer and takeover of ownership (hereinafter “instant agreement”) with the Defendant on the instant resolution, and the main contents are as follows.

1. The Plaintiff transferred its ownership to the Defendant, and the Defendant shall ensure that the Plaintiff has the right to move into the apartment site of 109.13 square meters (the exclusive use area of 85 square meters or less, and the Gu 33 square meters).

2. The defendant may not claim to the plaintiff for any other expenses (in the event of members' subscription fees, additional charges for members of the association, and the cost of carrying out the work) for the later apartment.

C. On the other hand, on June 29, 2007, the Plaintiff completed the registration of ownership transfer on the ground of sale on June 14, 2007 with respect to the instant Manyion, and on April 7, 2012, H apartment units 108 Dong 1504 (hereinafter “instant apartment”).

On September 6, 2012, the head of Dongjak-gu notified the Defendant that the Plaintiff is disqualified for membership pursuant to Article 38 of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 2443, Mar. 23, 2013; hereinafter “former Enforcement Decree of the Housing Act”), on the ground that the Plaintiff’s wife I owned a house of more than 60 square meters (Seoul J Housing 401 and an exclusive residential area of 115.8 square meters). On the same day, the Defendant notified the Plaintiff that the Plaintiff was disqualified for membership on the ground that the Plaintiff was disqualified for membership.

E. Since then, the Defendant on November 2012.

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