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(영문) 수원지방법원 2018.10.10 2017구합70442

조합원지위확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On February 22, 2012, the Defendant is entitled to a housing redevelopment improvement project (hereinafter “instant project”) with respect to the land of 116,666 square meters of land of the Gu Won-gu, Ansan-si during the period of Ansan-si (hereinafter “instant project”).

2) The Plaintiff is the owner of the store No. 8, No. 5, and No. 6 of the old D apartment shop during the period of Gyeyang-gu in the instant project area.

B. 1) On July 23, 2015, the Defendant obtained approval of a project implementation plan from the Ansan market, and announced the application for parcelling-out on September 14, 2015, and sent a notice of the application for parcelling-out (from September 15, 2015 to November 14, 2015) to the Plaintiff. 2) On November 5, 2015, the Plaintiff submitted an application for parcelling-out and a written statement of wishing to apply for parcelling-out to the Defendant (hereinafter referred to as “previous application for parcelling-out”) to the Defendant on November 5, 2015, the address column of the above application for parcelling-out.

3) After that, the Defendant changed the construction plan, etc. and approved the change of the project implementation plan from the Ansan market on January 15, 2016, and publicly notified the application for parcelling-out on January 19, 2016 (the period of application for parcelling-out: January 20, 2016 to February 19, 2016; hereinafter referred to as “public notice of application for parcelling-out”).

In addition, the plaintiff's address on the same day as the plaintiff's written guidance for the application for parcelling-out (hereinafter referred to as the "written guidance of this case")

(C) Although the Plaintiff sent an application for parcelling-out within the above period, the Plaintiff did not apply for parcelling-out. The Defendant issued an administrative disposition plan to classify the Plaintiff as the object of cash liquidation on the ground that the Plaintiff did not apply for parcelling-out within the period of application for parcelling-out under the public notice of the instant application for parcelling-out.

After the establishment of the Dong, the management and disposal plan of this case was authorized by the Ansan City on February 27, 2017, and the Ansan City shall be approved.