조합원지위확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant is the Housing Redevelopment Improvement Project Association (hereinafter “instant project”) that completed the registration of incorporation on November 12, 2008 with the authorization from the head of Yeongdeungpo-gu Seoul Metropolitan Government on October 27, 2008 to implement the Housing Redevelopment Improvement Project (hereinafter “instant project”).
B. On November 16, 2006, the Plaintiff purchased each ownership in the purchase price of KRW 170,000,000, and acquired each ownership of KRW 41/235 of the instant co-ownership shares (hereinafter “instant co-ownership shares”) in a voluntary auction (Seoul Southern District Court G) in relation to co-ownership of 41/235 of the instant co-ownership shares (hereinafter “instant co-ownership shares”) in the instant land, located on each ground of 13 square meters in Yeongdeungpo-gu, Seoul Metropolitan Government (hereinafter “instant land”), F large 13 square meters (hereinafter “instant adjoining land”).
C. The Defendant established a project implementation plan of the instant project and approved the project implementation plan from the head of Yeongdeungpo-gu Seoul Metropolitan Government on November 10, 201, and applied for parcelling-out during the period of application for parcelling-out from May 14, 2015 to June 20, 2015 for its members, but established a management and disposal plan to exclude the Plaintiff from the purchaser of the instant project on the ground that the Plaintiff is not the Defendant’s member, and received authorization from the head of Yeongdeungpo-gu Office on March 21, 2016 for the above management and disposal plan.
(hereinafter “instant management and disposition plan”). D.
The Defendant applied for a ruling to expropriate the instant co-ownership shares, etc., and on October 27, 2017, the Seoul Special Metropolitan City Regional Land Tribunal rendered a ruling to expropriate the said co-ownership shares on December 8, 2017.
(hereinafter referred to as “instant adjudication”).