수분양권 확인의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Presumed factual basis
A. The Defendant was granted project implementation authorization on December 1, 2017, as a partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) established to implement a housing redevelopment project in the land area other than C and 565 lots of land in Gwangju-si, and as a broadband published D on December 1, 2017.
B. The Plaintiff is the owner of building E E (hereinafter referred to as “instant housing”) in the Defendant’s project zone, and did not file an application for parcelling-out within the period for application for parcelling-out as determined by the Defendant (from June 20, 2018 to August 8, 2018).
C. Major statutes related to the instant case are as stated in the relevant statutes in the attached Form.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings
2. The plaintiff's assertion is still in the status of the defendant's member even if the plaintiff failed to apply for parcelling-out within the period of application for parcelling-out.
Since the defendant contests this, there is a legal interest in seeking confirmation.
3. Determination
(a) Where a postal item is sent by means of registration and handling, it may be presumed that the postal item was delivered to the addressee at that time, unless there is a counter-proof of the special circumstances, such as that it was lost or returned in the way of registration;
(Supreme Court Decision 91Nu3819 delivered on March 27, 1992). B
The following facts are acknowledged according to the above evidence and non-contentious facts, Eul evidence Nos. 2 through 4-1, 2, and 5 respectively, and the purport of the whole pleadings.
① On June 15, 2018, the Defendant publicly announced the period for application for parcelling-out on June 20, 2018 to July 29, 2018 and notified its members.
On June 15, 2018, the Defendant sent the notice to the Plaintiff by registered mail, and it was treated as the Plaintiff’s receipt on June 19, 2018.
② After July 26, 2018, the Defendant publicly announced the extension of the initial period for application for parcelling-out in lots by August 8, 2018, and notified its members.
2. The Plaintiff