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(영문) 서울행정법원 2019.07.12 2017구합65234

조합원지위확인

Text

1. The plaintiffs are members of each defendant's association.

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

Reasons

1. Basic facts

A. The Defendant is the Housing Redevelopment Improvement Project Association established on April 25, 2008 in order to implement a housing redevelopment improvement project (hereinafter “instant project”) on the scale of 27,485 square meters in Seongdong-gu Seoul Metropolitan Government.

B. The defendant has formulated a project implementation plan concerning the business of this case and obtained approval of the project implementation plan from the head of Seongdong-gu Seoul Metropolitan Government (hereinafter "the head of Seongdong-gu") on December 17, 2009 (hereinafter "the above project implementation plan") on the basis of the project implementation plan (hereinafter "the first project implementation plan"), and the period of application for parcelling-out from February 9, 2010 to the same year.

4. Up to 9. Public announcement of the application for parcelling-out for multi-family housing newly constructed as the project in this case, and received the application for parcelling-out from its members;

(hereinafter referred to as the "first application procedure for parcelling-out". At the time, G, Plaintiff A, B, and D, the owner of the land in the project implementation district of this case, filed an application for parcelling-out with the Defendant within the above application period for parcelling-out.

C. On September 20, 2012, the Defendant established a plan to revise the project implementation plan, which changed the contents of the said project implementation plan, and obtained approval for the change of the project implementation plan from the head of Seongdong-gu on September 20, 2012 (hereinafter referred to as “the first project implementation change plan”), and received application for parcelling-out from the members after setting the period for application for parcelling-out from October 15, 2012 to November 16 of the same year.

(hereinafter the above procedure for the application for parcelling-out is referred to as "the second procedure for the application for parcelling-out". G and the plaintiff A, B, and D did not apply for parcelling-out separately to the defendant within the above application period for parcelling-out.

After the completion of the secondary application procedure for parcelling-out, the defendant has been confirmed as the members under the first application procedure for parcelling-out, including G and the plaintiff A, B, and D, as follows, according to the result of the first application for parcelling-out according to the first application procedure, regardless of the result of the second application for parcelling-out.