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(영문) 청주지방법원 2020.01.16 2018가단27423
분담금 반환 등
Text

1. As to each of the Plaintiffs’ KRW 25 million and each of the said money, the Defendant shall pay to the Plaintiffs the year from June 29, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established to carry out a new project of constructing an apartment of the regional housing association with a total of 401 households in Cheongju-si E (hereinafter “instant project”). The Plaintiffs are the Defendant’s members who signed a contract with the Defendant to join the regional housing association (hereinafter “instant contract”). The key contents of the rules of the Defendant association and the key contents of the instant contract are as follows.

(A) “A” means the Defendant, and “B” means the Plaintiffs. The qualification requirements for the members of the D Housing Association under Article 8 (Qualification of Members) of the D Housing Association Rules refer to the qualification requirements for the members as prescribed by the Housing Act and subordinate statutes, and are:

1. A householder who fails to own a house from the date of application for the authorization for the establishment of a housing association to the date possible to move into the relevant housing association, or who owns a house with an exclusive residing area

(i) Provided, That where a member of a housing association temporarily loses his/her eligibility for the head of a household due to unavoidable reasons, such as service, disease treatment, study, marriage, etc., he/she shall be deemed to be a member's qualification.

2. A person who has resided in an association for at least six months at the time of application for the authorization for the establishment of the housing association. Article 12 (Withdrawal, Disqualification, Expulsion) (1) No member may withdraw from the association at will;

Provided, That when a partner intends to withdraw from a cooperative due to unavoidable reasons, he/she shall submit a written withdrawal from the cooperative, along with a certificate of his/her seal impression for withdrawal, 14 days before the withdrawal, and the head of the cooperative shall determine whether to withdraw

(2) A member qualification of a person who does not fall under the qualifications prescribed by relevant Acts and subordinate statutes and this Code shall be automatically lost.

(4) For a person who loses the status of a partner due to withdrawal, loss of qualification for partner, expulsion, etc., the balance obtained by deducting the prescribed common charges and penalty from the paid-in amount paid by the partner.

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