주택재개발조합원지위확인
1. All plaintiffs' lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. In order to implement a housing redevelopment project (hereinafter “instant project”) with Seongbuk-gu Seoul and 752 lots of land as a project implementation district, the Defendant is a housing redevelopment project association approved by the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter “the head of Seongbuk-gu”) on March 20, 2009 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.
B. At the time of the establishment of the Defendant, the Plaintiffs owned 1/2 shares of Seongbuk-gu Seoul E-gu Seoul Metropolitan Government Building (hereinafter “instant land”) and its ground buildings (hereinafter “instant building”) located within the instant business zone.
C. On January 10, 2013, the Defendant obtained approval of a project implementation plan from the head of Seongbuk-gu Office, and notified the members, including the Plaintiffs, of the application period for parcelling-out from March 16, 2013 to May 14, 2013.
The plaintiffs filed an application for parcelling-out to the defendant within the period for the first application for parcelling-out.
As the FF district renewal acceleration plan was changed on November 27, 2014, it was inevitable to change the scale of housing, the number of housing units to be sold, etc. in the initial project implementation plan.
Accordingly, on November 25, 2015, the defendant obtained authorization for the change of project implementation from the head of Seongbuk-gu office.
E. Around November 27, 2015, the Defendant sent a notice of the change of the project implementation plan to the effect that the application for parcelling-out should be re-issued to the members including the Plaintiffs, by registered mail, from November 27, 2015 to December 27, 2015.
F. On September 19, 2016, the Defendant established a management and disposition plan to classify the Plaintiffs as persons subject to cash settlement (hereinafter “instant management and disposition plan”) on the grounds that the Plaintiffs did not file an application for parcelling-out within the aforementioned two applications for parcelling-out, and obtained authorization from the head of Seongbuk-gu Office.
G. As to the instant land, building, etc.