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(영문) 서울고등법원 2017.06.14 2017누30964

조합원지위확인

Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The reasoning of the judgment of the court of first instance, such as accepting the judgment of the court of first instance, is as stated in the reasoning of the judgment of the court of first instance, except to supplement or add the judgment as stated in the following (3). As such, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Amendment of the 3th 20 to 4th 10th 10th 3th 3th 20 to 4th 9th 4th 4th 4th 4th 4th 10

3. Supplementary and additional Plaintiff asserts to the following purport:

Article 50-2 of the Act on the Maintenance and Improvement of Urban Areas, which provides that the right to purchase lots shall be calculated on the basis of the date of designation and public notice of the rearrangement zone, was immediately implemented on February 6, 2009, and it did not provide for the provision that the enforcement period shall be delegated to municipal ordinances (Article 48(7) of the Act on the Maintenance and Improvement of Urban Areas and Article 1 of the Addenda shall not be the basis for delegation). The Seoul Metropolitan Government Ordinance on the Maintenance and Improvement amended on July 15, 2010 also revised the base point of sale in accordance with the new provision on the base date for the calculation of rights under the Act.

Therefore, Article 3 (Application and Transitional Measures for Right Calculation Basis Date) of the Addenda to the Seoul Special Metropolitan City Ordinance (Ordinance No. 5007) (Ordinance No. 5007) that provides that "an area where a basic plan has been established prior to the enforcement of the Municipal Ordinance shall be governed by the previous regulations) shall not be immediately applied by Article 27 of the Seoul Special Metropolitan City Ordinance on the Improvement of Urban Areas, which was amended to meet the legal base date for the assessment of rights without any delegation, and shall not be immediately applied by Article 50-2 of the Urban Improvement Act, thereby

Article 27 of the former Seoul Metropolitan Government Ordinance on Maintenance shall be subject to sale, as prescribed by the Ordinance of a City/Do, in cases of selling multi-family housing, under Article 48 (7) of the Act on Urban Maintenance, which is delegated to prescribe matters concerning the methods, standards, etc. for management and disposal by Presidential Decree.