조합원지위부존재확인 등
1. Of the instant lawsuit, the part concerning the claim for confirmation of non-existence of membership is dismissed.
2. The plaintiff's remaining claims.
Basic Facts
The Plaintiff is a housing redevelopment and rearrangement project partnership that obtained authorization for establishment from the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter “head of Seodaemun-gu”) on April 29, 2008 to implement a housing redevelopment improvement project for the Seodaemun-gu Seoul Metropolitan Government 77,839m2 (hereinafter “instant rearrangement zone”), and the Defendant is the owner of the land, etc. who owns the D large 162m2 in Seodaemun-gu Seoul Metropolitan Government in the instant rearrangement zone.
On June 24, 2009, the plaintiff obtained approval of the project implementation plan from the head of Seodaemun-gu and received the application for parcelling-out from its members. The defendant applied for parcelling-out to the plaintiff on September 4, 2009, the period for application for parcelling-out.
Around April 2012, the Defendant filed an application for cash settlement with the Plaintiff, and around June 2014, the Seoul Administrative Court (2014Guhap10080) filed a lawsuit against the Plaintiff seeking the payment of the settlement money on the ground that it constitutes a cash settlement agent.
On November 27, 2015, the defendant withdrawn the above lawsuit.
On June 30, 2016, the Plaintiff obtained approval of the management and disposition plan from the head of Seodaemun-gu (hereinafter “instant management and disposition plan”), and the instant management and disposition plan is registered by the Defendant as a partner subject to parcelling-out.
On December 8, 2016, the Plaintiff entered into a supply contract with the Defendant on real estate stated in the separate sheet based on the above management and disposition plan.
[Reasons for Recognition] Facts without dispute, Gap's evidence Nos. 1 through 4, 6, 9, Eul's evidence Nos. 1, 4, and 5, and the purport of the whole pleading of this case as to whether the above part of the lawsuit of this case is legitimate or not, ex officio.
A housing redevelopment and consolidation project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall be an administrative body performing certain administrative actions as prescribed by the relevant Acts and subordinate statutes, such as the formulation of a project implementation plan, management and disposal plan and the imposition of liquidation money, etc.