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(영문) 서울행정법원 2016.12.02 2016구합63095

조합원지위확인

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1. The part of the lawsuit filed by the Plaintiff (Appointed Party) and the Appointed C regarding the confirmation of the status of the sole partner shall be dismissed.

2...

Reasons

Details of the disposition

On November 29, 2007, the Mayor of Yeongdeungpo-gu Seoul Metropolitan Government determined and publicly announced an urban renewal acceleration plan that designates D Ilcheon-gu Seoul Metropolitan Government 76,790 square meters (the subsequent urban renewal acceleration plan was changed to 76,602 square meters; hereinafter “instant improvement zone”) as a BB renewal acceleration zone for a housing redevelopment project.

(Public Notice E) The defendant is the Housing Redevelopment Improvement Project Association established with the approval of establishment from the head of Yeongdeungpo-gu Seoul Metropolitan Government on October 7, 2008 to implement the Housing Redevelopment Improvement Project in the rearrangement zone of this case.

On December 28, 2006, G owner of the land in Yeongdeungpo-gu Seoul Metropolitan Government F. 112 square meters (hereinafter “the instant land”) located within the instant rearrangement zone (hereinafter “the instant building”) completed the registration of ownership transfer on the instant land to the Plaintiff (Appointed Party). On November 24, 2009, G died on November 24, 2009, the non-registered non-exclusive housing 26.45 square meters (hereinafter “the instant building”) on the instant land was inherited to the Selection C.

The defendant received an application for parcelling-out from the head of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Yeongdeungpo-gu Office") for project implementation on September 16, 2010, and from August 11, 2015 to September 24, 2015 after obtaining authorization for change of project implementation on February 6, 2014.

The Plaintiff (Appointed Party) and the Appointed C (hereinafter “Plaintiffs”) intend to apply for parcelling-out on the premise that they are independent members of the Defendant, respectively, but the Defendant shall apply for parcelling-out to the Plaintiffs on the ground of Article 27 (2) 5 of the former Seoul Special Metropolitan City Ordinance on the Maintenance of Urban Areas and Residential Environments (amended by Seoul Metropolitan City Ordinance No. 5007, Jul. 15, 2010; hereinafter “former Seoul Metropolitan City Ordinance on the Maintenance”), which stipulates that several applicants for parcelling-out shall be eligible for parcelling-out if the land and housing owned by the same person within one site are divided into land and buildings after the completion of a building.