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(영문) 부산지방법원 2019.04.04 2018구합23702

조합원지위 확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The Defendant is a housing redevelopment development project partnership which completed the registration of incorporation on January 2, 2008 with the authorization from the head of the Gu of Busan Metropolitan City on December 28, 2007 to implement a housing redevelopment improvement project (hereinafter “instant rearrangement project”) in the area of 62,640.7 square meters in the Young-gu, Busan Metropolitan City (hereinafter “instant project zone”).

On February 10, 1978, D, the father of the Plaintiff, was transferred to, and resided in, Busan-do E located in the instant project area, and went to, the director to, the Busan-gu F outside the instant project area on August 4, 1997.

According to the basic article survey written by the Defendant, there are four buildings, such as H, I, J, and K’s unauthorized houses owned by each of the land adjacent to the land located in the area of this case and the neighboring land, and all of which were removed as the progress of the maintenance project.

[Grounds for recognition] The Plaintiff’s assertion as to the Plaintiff’s assertion as to the entirety of the arguments and arguments in the facts without dispute, Gap’s evidence Nos. 1, 3, Eul evidence Nos. 2, 3, and 4 (including a serial number; hereinafter the same shall apply) were purchased at around 1978, and owned and managed the building without permission on land (hereinafter “instant building”) located within the instant business area with his family while living together with his family. Since D died around 2005, the Plaintiff owned and managed the instant building by a separate inheritance through a consultation division. Accordingly, the Plaintiff acquired the Defendant’s membership status in accordance with the provision on the qualification as a member of the Defendant association’s articles of association.

However, since the defendant is dissatisfied with this, the plaintiff seeks confirmation against the defendant as a member of the association.

Judgment

The defendant's articles of association and the defendant's articles of association concerning the qualifications of union members stipulate that "members shall be the owners of land or buildings within a project implementation district or persons with superficies thereof" and Article 9 (2) of the same Act provides that "the above ownership, superficies, etc. shall be applicable."