beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning for the court’s explanation of the instant case is as stated in the reasoning of the judgment of the first instance, except for adding the judgment as to the Defendant’s argument in the trial of the first instance, as stated in the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. On December 13, 2016, G, the spouse of the Plaintiff’s claim, obtained the right to sell the H apartment I (hereinafter “H apartment”), but resells it to a third party. The Plaintiff cannot be deemed to own a house under Article 21(1)1 of the Enforcement Decree of the Housing Act, which serves as the standard for determining the loss of the qualification of housing association members, on the ground that he/she temporarily acquired the status of the winner of the right to sell the housing, and thus, the Plaintiff cannot be deemed to have lost its membership.
In addition, the Plaintiff disposed of one of the two houses within three months from the date on which the Defendant received non-conformity notice from the Defendant, and thus, it does not lose the status of the Defendant’s member pursuant to Article 53 subparag. 3 of the Housing Supply Rules.
B. The actual contents of the judgment shall be as follows: (1) A person who is eligible to become a member of a housing association under Article 11 of the Enforcement Decree of the Housing Act shall be as follows:
Provided, That a person who succeeds to the status due to the death of a member may become a member, notwithstanding the following requirements:
1. Members of a regional housing association: Persons meeting all of the following requirements:
(a) It shall include cases determined by Ordinance of the Ministry of Land, Infrastructure and Transport in consideration of the type of housing owned, method of selecting occupants, etc. from the date of application for authorization to the date of application for authorization to establish an association (where the relevant housing construction site is located in an overheated speculation district under Article 63 of the Act, referring to one year before
subsection (b) of this subsection.