(영문) 부산지방법원 2019.12.19 2018가단336017

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(영문) 부산지방법원 2019.12.19 2018가단336017

분담금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is the district housing association established to promote redevelopment projects in the Busan Dong-gu C, Busan, and the plaintiff is its member.

B. On August 8, 2017, the Plaintiff entered into a membership agreement with the Defendant with the following content (hereinafter “instant membership agreement”).

Article 11 (Qualification of Members and General Sale of Units) (1) The criteria for qualification of members of the association for joining the apartment house of "A" shall be as follows:

1. A household member (including the spouse of a householder who is not registered on the resident registration card for the same household as the head of the household and his/her spouse) including the head of the household pursuant to Article 8 of the Enforcement Rule of the Housing Act, who does not own a house (including the status under Article 8 (1) of the Enforcement Rule of the Housing Act; hereinafter the same shall apply in this Article) from the date of application for authorization to establish the association until the date of occupancy of the relevant association house,

(B) The head of a household who does not own a house shall be the head of a household who has only one house with an exclusive residential area of not more than 85 square meters among the members of a household, including the head of a household, pursuant to Article 8 of the Enforcement Rule of the Housing Act (hereinafter the same shall apply in this Article) and Article 12 (Ha) (1) shall be the head of a household who owns only one house with an exclusive residential area of not more than 85 square meters and only one of the members of a household, including the head of a household, under Article 8 of the Enforcement Rule of the Housing Act, if the “B” falls under any of the following or is committed, without the peremptory notice of performance or separate measures, the first written notice of “A” may immediately terminate the expulsion or contract (the qualification of the members of “B,” in this

(a)"B" fails to meet the qualification requirements of any member of the Association under Section 11 (1) above or to faithfully implement the terms of the contract;

4.2

참조조문

-주택법 시행규칙 제8조

-주택법 시행규칙 제8조 제1항

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