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(영문) 창원지방법원 2020.09.03 2019가합55869
조합원 지위 부존재 확인의 소
Text

1. The plaintiff confirms from October 14, 2019 that the plaintiff is not a member of the defendant's association.

2. The costs of the lawsuit are assessed against the defendant.

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 June 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 on September 15, 2017, the Plaintiff prepared a new membership agreement with the Defendant by changing the outlines of business, deliberation, the number of Dongs, contributions, etc.

(hereinafter referred to as the “Defendant” without distinguishing the Defendant from the Defendant, and the Plaintiff’s subscription contract entered into with the Defendant, regardless of whether it was before or after the amendment of the contract.

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 14, 2019, the Plaintiff lost the status of the householder when changing the householder into his spouse E.

On the other hand, the part related to this case in the joining agreement of this case (based on the evidence No. 1 that reflects the modified contract contents) and the defendant's bylaws (hereinafter "the bylaws of this case") are as follows.

With respect to the construction of a partnership apartment in the Seoul Special Metropolitan City, Kimhae-si (B), the head of the District Housing Association Association (hereinafter referred to as the "A") and the Plaintiff (hereinafter referred to as the "B") who applied for membership in the partnership apartment, the implementer, shall enter into a partnership membership agreement with respect to the portion of one unit of 84m2, m2, which is expected to be constructed in the future, on the basis of mutual trust and good faith, as follows.

Article 4 (Management of Contribution and Loan of Part-Time Payment by Members)

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