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(영문) 창원지방법원 2020.09.03 2019가합55951
조합원지위부존재 확인 및 분담금반환청구
Text

1. The plaintiff confirms that from October 21, 2019, the plaintiff is not in the defendant's membership.

2. The remainder of the Plaintiff.

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. Around May 2015, 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 to acquire the ownership of one household of an apartment unit to be newly constructed according to the instant project, and thereafter, the Defendant succeeded to the rights and obligations of the Promotion Council.

After the Defendant was established and the prospective contractor changed from E Co., Ltd. to F, on September 10, 2017, the Plaintiff drafted a membership agreement again by changing the content of the Defendant and the outlines of the business, deliberation, class, number of units, contributions, etc.

(hereinafter referred to as "each of the above subscription agreements") D.

The Plaintiff was in the position of the householder on the resident registration basis at the time of entering into the instant subscription agreement, but on October 21, 2019, the Plaintiff lost the householder’s status while changing the householder into his spouse G. D.

From February 1, 2015 to July 12, 2019, the Plaintiff paid 24,564,000 won (including 30,000,000 won, including 30,000,000 won, from February 12, 2018) as partners’ contributions and business promotion expenses.

E. Of the joining agreement of the instant case (based on the evidence No. 1 that reflects the modified contract content) and the Defendant’s agreement (hereinafter “instant association agreement”), the parts related to the instant case are as follows.

In the construction of a partnership apartment in the Seoul Special Metropolitan City, Kimhae-si Co., Ltd., the head of the regional housing association (hereinafter referred to as the "A") and the Plaintiff (hereinafter referred to as the "B") who filed an application for joining the partnership apartment, the implementer, shall be the portion of 68 square meters (former 27 square meters) H Type apartment, which is expected to be constructed in the future.

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