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(영문) 인천지방법원 2020.07.09 2019구합56559
조합원자격 부적격처분 취소청구의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B Regional housing association (hereinafter “instant regional housing association”) is a regional housing association established pursuant to the Housing Act and the Enforcement Decree thereof to build apartment houses, etc. in Yeonsu-gu Incheon District C Day, and the same year upon receipt of an application for authorization to establish the Defendant on July 13, 2016.

8. 11. The authorization was obtained, and the Plaintiff was a member of the instant regional housing association.

B. Meanwhile, the part on the qualifications and the loss of status of a member of the instant regional housing association among the agreement to join the association and the rules of association (hereinafter “association rules, etc.”) and the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 30146, Oct. 22, 2019; hereinafter “former Enforcement Decree of the Housing Act”) is as follows.

Article 6 (Qualification for Membership) of the Union Agreement

1. The association members shall maintain the eligibility of the association members prescribed in Article 32 of the Housing Act and Article 38 of the Enforcement Decree of the same Act, as the association members can undergo an inspection on completion;

2. Where any ground for disqualification relating to the maintenance of qualification of a regional housing association arises to the members with regard to paragraph (1) above, the cancellation provisions of Article 10 shall apply;

Article 10 (Defamation and Compensation for Damages)

2. The Cooperative may terminate a contract without a peremptory notice on performance or any other separate procedure, if a member has committed any of the following acts:

In such cases, the members of the association shall be disqualified under the rules of the association, rules on the supply of housing, and this contract, so they may not raise any objection to the association for civil or criminal matters.

(c) Where a member loses his/her qualification as a regional housing association member under relevant Acts and subordinate statutes;

4.In the case of paragraph 2 above, a union member shall automatically lose his or her membership and shall not raise an objection to the disposition of voluntary expulsion from the union.

Article 9 (Qualification of Members) (1) The qualification requirements for members of the Housing Act and relevant regulations shall be as follows:

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