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(영문) 창원지방법원통영지원 2019.07.04 2018가합11981
조합원지위부존재확인 등
Text

1. Of the instant lawsuit, the part of Plaintiff A’s claim for the confirmation of existence of abandonment shall be dismissed.

2. The plaintiffs remaining.

Reasons

1. Basic facts

A. The Defendant is a housing association established to build apartment units of a regional housing association in the Jeju Island and sell them to its members. On February 14, 2015, the Defendant applied for the authorization to establish a housing association to the large-scale Mayor on April 28, 2015.

B. On November 18, 2014, Plaintiff A entered into an agreement with the Defendant to enter into an association (hereinafter “instant agreement to enter into the association”) with the content that the apartment of the regional housing association that will be newly constructed with the Defendant would purchase 59-1 unit apartment units (E) (hereinafter “instant association”).

C. By November 18, 2014, Plaintiff A paid the Defendant KRW 7.5 million for the primary charge (contract deposit) and KRW 10 million for the agency expenses, and paid KRW 17.5 million for the second charge (contract deposit) on December 17, 2014.

The Plaintiffs did not pay charges from the third (second) payment. D.

Plaintiff

A on January 8, 2015, transferred the status of a member under the instant partnership agreement to Plaintiff B, and received the Defendant’s seal in the column for verifying the details of succession to the rights and obligations of the subscription agreement.

Plaintiff

B has prepared a written promise to the Defendant to the effect that he did not own a house as of the date of public announcement of invitation, and that he will perform as a member after being aware of the matters to be observed as a member.

E. From May 29, 2012 to the date of the closing of argument in the instant case, Plaintiff A owns 1/2 shares of the building indicated in the attached Table from May 29, 2012.

F. The parts relating to the instant case in the rules of the Defendant Union (hereinafter “instant rules”) are as follows.

Article 8 (Qualification Requirements for Union Members) Qualification requirements for Union members shall refer to the qualifications prescribed by Housing Acts and subordinate statutes and shall be as follows:

(1) The term "household" means a householder who fails to own a house from the date of application for authorization for the establishment of a housing association until the date of occupancy of the relevant housing association, or owns a house with an exclusive residing area of not more than

but a member of the housing association;

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