조합원지위확인
1. Of the judgment of the first instance, the part concerning the conjunctive claim of Plaintiff I shall be revoked.
2. The Defendant on May 23, 2019.
1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance. Thus, it shall accept it in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
(However, the Plaintiffs’ assertion on February 2, 198 is made by the following: (a) Plaintiff C, Plaintiff D, Plaintiff E, Plaintiff F, Plaintiff G, and Plaintiff H are “C”, “D”, “E”, “F”, “G”, and “H.”
A. The Plaintiff I’s instant real estate constitutes a de facto multi-family house as stipulated in Article 28 of the Addenda of the Seoul Special Metropolitan City Ordinance on the Improvement of Urban and Residential Environments (hereinafter “Seoul Special Metropolitan City Ordinance on the Improvement of Urban Areas”) after obtaining a building permit as a detached house prior to the introduction of the multi-family house system on April 21, 1990, and completing a share or division registration before January 15, 1997, and constitutes a multi-family house under Article 28 of the Addenda of the Seoul Special Metropolitan City Ordinance on
B. The real estate Nos. 1 and 2 of this case merely obtained a building permit as a neighborhood living facility, and has been used for residential purposes as classified from the time of the building permit. Thus, it constitutes a de facto multi-family house as stipulated in Article 28 of the Addenda to the Seoul Special Metropolitan City Ordinance
Even if it is not so, the real estate Nos. 1 and 2 of this case is a building actually being used for residential purpose as prescribed in Article 25 of the Addenda to the Seoul Special Metropolitan City Ordinance on Urban Improvement.
Therefore, the right to sell independently to the plaintiff A and B, who is the owner, should be recognized.
3. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;
4. Determination
A. Interpretation of relevant statutes 1) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
Article 39(1)1 of the Act provides that "if the ownership of a building belongs to several co-ownerships, one representative of such several persons shall be deemed to be the members," and Article 76(1)6 of the Act provides that "the contents of the management and disposition plan shall be deemed to be the members."