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(영문) 부산지방법원 2021.01.15 2020구합849

조합원지위확인

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All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is a housing redevelopment and rearrangement project association established to newly build apartment houses (multi-family housing) and ancillary facilities in the Nam-gu Busan Metropolitan City D, and the plaintiffs are the members of the defendant who shared the building of 208 square meters and the above ground buildings within the above business area.

B. On August 29, 2018, the Defendant publicly notified members of around August 2018 to apply for parcelling-out from August 31, 2018 to November 6, 2018, and notified individual members of the application for parcelling-out through registered mail.

(c)

The plaintiffs did not apply for parcelling-out within the above period of application for parcelling-out, and Article 11 (2) of the defendant's articles of incorporation stipulates that a person who has failed to apply for parcelling-out within the period of application for parcelling-out shall be

[Ground for recognition] Unsatisfy, entry of Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. At the time of the application period for parcelling-out of this case, the plaintiff A was hospitalized in the hospital due to the proof of alcohol alcohol, and the plaintiff B did not apply for parcelling-out since the plaintiff B was the house, so the plaintiffs failed to apply for parcelling-out. Thus, the plaintiffs seek confirmation of the status of the union member to the defendant

B. According to each statement of evidence Nos. 3 and 4, the plaintiffs submitted a letter of consent for the appointment of the representative member who appointed the plaintiff A as the representative owner of the plaintiff on March 5, 2017. On August 29, 2018, the defendant sent to the plaintiff A a notice of application for parcelling-out and a guide book to the effect that if the plaintiff did not apply for parcelling-out and apply for parcelling-out, the plaintiff is subject to cash liquidation, by registered mail, and the registered mail was confirmed to have been received by the plaintiff A on August 31, 2018.

As above, the plaintiffs did not file an application for parcelling-out even after receiving the notification of application for parcelling-out, so they lose their membership.

Therefore, the plaintiffs' assertion is without merit.

3. In conclusion, the plaintiffs' claims are dismissed as it is without merit. It is so ordered as per Disposition.