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(영문) 창원지방법원 2020.02.13 2019가합54637
조합원지위확인의 소
Text

1. From August 14, 2019, Plaintiff B confirmed that Plaintiff A and C are not members of the Defendant from August 16, 2019 to August 16, 2019.

2...

Reasons

1. Facts recognized;

A. The Defendant is a regional housing association established to implement a housing construction project, and the Plaintiff A entered into a membership agreement (hereinafter “instant membership agreement”) with the content that: (a) Plaintiff A is a regional housing association established to implement the housing construction project; (b) Plaintiff B is October 18, 2016; and (c) Plaintiff C is a member of each Defendant’s association on October 12, 2016; and (d) is obligated to pay the shares of the association members on the cost of the project and pay the shares of the association members on the cost of the project; and (b) the ownership of one household of an apartment newly constructed

B. The Plaintiffs were in the position of the householder on the resident registration basis at the time of entering into the instant subscription agreement, but Plaintiff B was in the position of the householder on August 14, 2019; Plaintiff A and C changed the head of each household on August 16, 2019.

C. Of the joining agreement of the instant case and the Defendant’s covenant of association, the part relating to the instant case is as follows.

(A) The term “Defendant A” and “B” mean the Plaintiffs who are members of the instant membership agreement. Article 7 (Disqualification of Members) of the instant membership agreement

1.A “B” may immediately cancel the contract without taking the peremptory notice of the performance or any other separate measure when there is an act falling under either of the following subparagraphs, and “B” in this context shall be automatically disqualified for membership, and in such a case “B” shall not raise a civil or criminal objection against this contract for the smooth promotion of the project:

(3) When a legal defect is discovered as an association member, such as the failure to meet the requirements for membership and the disqualification of documents due to a member's personal reason, fraudulent method, false description, seal and omission of entries, after filing an application for membership.

3.A “B” shall be refunded upon the deduction of 20% of the value of supply, excluding “administrative service costs”, as penalty, from among “members’ charges already paid” when a partner becomes disqualified or withdraws from membership, due to reasons falling under paragraph 1 or 2, after the deduction of 20% of the value of supply, excluding “administrative service costs”, as penalty.

At this time, penalty shall be reverted to "A".

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