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(영문) 인천지방법원 2021.01.14 2019구합56115

조합원지위확인의 소

Text

1. The plaintiff confirms that he is the defendant's member.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Defendant is a housing redevelopment and rearrangement project partnership established to implement the housing redevelopment and improvement project (hereinafter “instant rearrangement project”) in the Dong-gu Incheon Metropolitan City, Incheon Metropolitan City, and the network D (hereinafter “the Deceased”) owned a housing unit E on the ground of Dong-gu Incheon Metropolitan City (hereinafter “instant real estate”). However, on November 3, 2018, the Plaintiff inherited the deceased solely on the ground that the deceased died.

B. On May 16, 2018, the Defendant obtained business authorization from the head of Dong-gu Incheon Metropolitan City, and around that time publicly notified whether the project implementation plan was publicly announced.

(c)

On July 13, 2018 and August 23, 2018, the Defendant notified the Defendant’s members, including the Deceased, of the application for parcelling-out in accordance with Article 72(1) of the former Act on the Maintenance of Urban and Residential Environments (amended by Act No. 15676, Jun. 12, 2018; hereinafter “Urban and Residential Environment Rearrangement Act”) and the Defendant’s articles of incorporation.

(d)

However, the deceased did not apply for parcelling-out within the period of application for parcelling-out.

[Reasons for Recognition] Unsatisfy, Gap's entry in Gap's evidence 1 to 5, 9 to 12 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The summary of the Plaintiff’s assertion was hospitalized in each hospital on July 17, 2018 and August 28, 2018 due to brain fluencies occurred in 2015, and the Plaintiff was working for day duty in the region at the time, and the Plaintiff did not reside in the “Sdong-gu Incheon Metropolitan City E”, which is the domicile of the Plaintiff.

The “F”, which is deemed to have received as a close relation to a postal delivery certificate at each of the above dates, is a person who is neither a friendship nor a person who is entirely unaware of the deceased.

Therefore, since the defendant cannot be deemed to legally notify the deceased of the application for parcelling-out of the rearrangement project in this case, the deceased or his heir did not apply for parcelling-out within the period of application for parcelling-out.

Even if the person is not the person subject to cash settlement, the defendant still.