조합원지위부존재확인
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. The Defendant Association is an urban development project association established to promote an urban development project pursuant to the Urban Development Act in the land of approximately 132,379.70 square meters in Seocho-gu Seoul Metropolitan Government Seoul High Court (hereinafter “instant project site”).
B. The remaining plaintiffs except the plaintiffs B, X, and R are currently owners of the project site of this case and are members of the defendant association.
Article 14 (1) of the Urban Development Act stipulates that a union member shall be the land owner in an urban development zone.
C. Articles of incorporation of the Defendant Union relating to the instant case are as follows:
Article 12 (Members) (1) Members shall be landowners in an urban development zone under Article 14 of the Act.
(2) A co-owner shall be deemed one member for land jointly owned before the date of public inspection for the residents according to the designation of an urban development zone and the date of public announcement of a development plan for the designation of an urban development zone and approval for a development plan, and the whole co-owner for land jointly owned after the date of public inspection for the residents pursuant to the designation of an urban development zone and the date of
In such cases, it shall be deemed that all co-owners consent to it.
(4) Where any parcel of land is partitioned after the date of designation and public announcement of an urban development zone and part of it is transferred to others, the transferee of such part of the land shall not have the qualification for membership.
(5) A person who does not meet any of the qualifications for a cooperative member prescribed by the relevant Acts and subordinate statutes and the articles of association shall automatically lose the qualifications for a cooperative member from the date on which
(6) Where the ownership of land registered in a trust is transferred from a trust company to the purchaser, beneficiary, third party, etc. due to the termination of the trust relationship, the truster shall be entitled to membership, and the purchaser, beneficiary, and third party shall be entitled to membership, from the time the transfer registration of ownership is completed.
On the other hand, BK, within the project site of this case, is engaged in BF urban development project.