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(영문) 의정부지방법원 2017.01.18 2016가단106322
소유권이전등기말소 등
Text

1. All of the plaintiff's claims are dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a regional housing association established on April 30, 2003 for the purpose of constructing a new apartment in the E House in South-si, Namyang-si.

(2) Although D, the president of the Plaintiff’s association, did not hold an operating committee around April 26, 2005, he forged meeting minutes as if the operating committee resolved on the matters concerning the borrowing of funds, and completed the registration of creation of a neighboring mortgage in the name of F and G with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). Since then, I was awarded a successful bid of the said real estate during the H auction procedure, and completed the registration of ownership transfer on July 25, 2007.

(3) Meanwhile, around July 25, 2007, the Industrial Bank of Korea extended a loan of KRW 630 million to I, and completed the registration of the establishment of a mortgage and the creation of superficies in the name of the said bank with respect to the instant real estate on the same day.

Article 8 [Matters concerning additional expulsion, withdrawal, and replacement of a member] (1) Where a member falls under any of the following, the head of the partnership may immediately withdraw without any separate measure:

1. When he/she withdraws from the union by his/her consent (in such cases, he/she shall not oppose the union unless he/she gives written notice to the union thirty (30) days in advance);

2.If a member is disqualified or disqualified pursuant to the relevant Acts and subordinate statutes; 3. (1) above, (2) above, if a member withdraws or is treated or expelled pursuant to paragraph (1) above, the previous contributions shall be refunded at interest-free interest rate only as provided for in this Code, and shall be determined and dealt with by

(5) Where a member in question cancels or withdraws from a cooperative due to his/her own interest, the contribution paid shall be refunded to him/her without interest.

Provided, That the time of refund shall be dealt with in accordance with paragraph (3).

(6) No cooperative shall replace its members or make new members of the cooperative after obtaining approval for its establishment.

Provided, That the number of cooperative members shall be authorized.

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